https://www.taxtmi.com/caselaws?id=290949 Succession to an impartible estate was treated as governed by the general law for choosing the successor, while impartibility affected only the mode of holding; on that basis, succession by survivorship was accepted and the absence of a succession certificate did not bar maintainability. The instrument securing payment was also construed as a mortgage rather than a mere charge because it tied the debt to the property and indicated a right of sale on default, allowing relief under Order XXXIV, Rule 6. The adverse order was set aside and the matter remanded for determination of the amount recoverable. en-us Thu, 16 Feb 1922 00:00:00 +0530 Thu, 22 Oct 2020 18:00:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290949 Succession to an impartible estate was treated as governed by the general law for choosing the successor, while impartibility affected only the mode of holding; on that basis, succession by survivorship was accepted and the absence of a succession certificate did not bar maintainability. The instrument securing payment was also construed as a mortgage rather than a mere charge because it tied the debt to the property and indicated a right of sale on default, allowing relief under Order XXXIV, Rule 6. The adverse order was set aside and the matter remanded for determination of the amount recoverable. Case-Laws Indian Laws Thu, 16 Feb 1922 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290949