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1909 Supreme(Mad) 21

ARNOLD WHITE, KRISHNASWAMI AIYAR
Appandai Vathiyar – Appellant
Versus
Ragubali Mudaliar – Respondent


JUDGMENT

1. The only question for consideration in this case is whether the mothers sisters son or the maternal uncles son is the preferential heir to the estate of a deceased Hindu. The matter is involved in considerable obscurity and no clear pronouncement can be gathered from the texts of the Hindu Law. The commentators are also mostly silent upon the subject. The well-known text cited, as that of Vridha Satatapa or sometimes as that of Baudhayana, divides bhandhus into three classes, namely Atma bandhus, Pitri bandhus and Matri bandhus. The Mitakshara is explicit that these three classes succeed in the order in which they are named; see Mitakshara, Chapter II, Section 6, Pl. 2. And the Privy Council, accepting the decision of this Court in Muthusami v. Muthukumarasami 16 M.k 23 has approved of this order in Muthusami Mudalyiar v. Simambedu Muthukumaraswami Mudaiyar 19 M.k 405. The question of the older of succession of the three classes of bandhus being thus settled, the farther question arises as to the order of succession inter se of the bandhus comprised in each class. The maternal uncles son and the mothers sisters son are both expressly named in the class, Atma bandhus. But







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