Lord Phillimore. -

One Sarfraz Ahmad, taluqdar of Oudh, was possessed of the Talukas of Khanpur and Sikandarpur and Bhilwal with Hasanpur. His name was in List 2, Oudh Estates Act, 1869, in respect of Bhilwal and Khanpur and in List 5 in respect of Sikandarpur. He died in 1870, having made a will which, however, was not executed or registered sufficiently long before his death to be protected by the exception in S. 13 of the Act, and which would, therefore, be only operative in respect of legacies to persons qualified by the earlier paragraphs of the same section. He left surviving him a brother, Murtaza Husain, a widow Becham-un-nisa, and a daughter Zainad-un-nisa who married, and had a young son who was alive at the time of the testator's death. He purported to deal with the talukdari estates in the following terms :

The Taluqa Hasanpur and Bhilwal in Pargana Haidergarh and the Taluqa Khanpur in Pargana Subeha, which are ancestral and hereditary, and the Taluqa Sikandarpur in Pargans Simrautha, granted by the Government, are in my proprietary possession and occupation without the coparcenership of anyone ; and under the sanad granted by the Government, I have every power to mortga