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1920 Supreme(All) 324

PIGGOTT, WALSH
Musammat Sughra Begam – Appellant
Versus
Mohammad Mir Khan – Respondent


JUDGMENT

1. This is an appeal arising out of a proceeding under the Succession Certificate Act. The point in issue is a simple one. A Muhammadan lady died leaving, as her heirs, a husband, a brother and three daughters. An application for was Succession Certificate in respect of the dower-debt due to the lady was made by the brother, who is the respondent to this appeal. He asked for a Succession Certificate in respect of that share only of the dower-debt which he would inherit under the Muhammadan Law. The daughters objected that he should not be allowed a Succession Certificate for anything leas than the whole amount of the debt. The learned District Judge has passed an order, which partly sustains and partly repeats the objection taken by the daughters. He calculates that 1/4th of the dower-debt has been automatically satisfied on the death of the lady, by reason of her husband's having inherited 1/4th share in her estate. He has also calculated, further, that any claim which one of the daughters might have in respect of her share in the dower-debt is now barred by limitation; hence he holds that the only valid debt not due, or recoverable from the husband, is the share of two of

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