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1937 Supreme(Nagpur) 119

VIVIAN BOSE
OFFICIAL RECEIVER AMRAOTI (K B ABDUL KADAR) – Appellant
Versus
SHRIDHAR – Respondent


Advocates Appeared:
K V Brahma, V D Kale, V K Rajwade, Advocates

JUDGMENT

Vivian Bose—One Sadasheo owned S. No. 6 of Mauza Edlabad which forms the subject matter of the present dispute. He died leaving a widow Mt. Sarjabai and two daughters' sons, Vyankat and Narayan, the daughter having predeceased him. Narayan had four sons of which Laxmikant was one. The first two respondents are sons of this Laxmikant. The relationship between these persons will be best illustrated by a genealogical tree:

2. On 23rd June 1927 Laxmikant applied to be adjudged insolvent and was so declared on 17th February 1928. The Official Receiver, who is the appellant here, claims one-fifth share in the field in dispute on the ground that it is the joint family property of Narayan and his four sons and that Laxmikant has one-fifth share in it. The appeal turns on that point. Property inherited from the maternal grandfather is obtained by obstructed heritage. There is no doubt about that. The two kinds of properties are defined in the Mitakshara, ch. 1, S. 1, placitum 3 of the book on inheritance. Unobstructed heritage is confined to property coming from the father, the paternal grandfather or paternal great, grandfather; every other kind of inheritance is obstructed. In the


























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