1917 Present: Ennis J. and De Sampayo J.

SAPOOR UMMA v. OMERDEEN.

176-D. C. Colombo, 5,682.

Muhammadan law-Intestate succession-Person dying leaving filter and cousins-" Poor."

Under the Muhammadan law, where a person dies leaving a sister and cousins (sons of a paternal uncle), the sister inherits the half and the cousins the remaining half.

THE facts are set out in the judgment.

Bawa (with him Abdul Coder), for appellant.

Wadsworth (with him Ismail), for respondent.

Cur. adv. vult.

February 15, 1917. ENNIS J.-

This appeal raises a question of the Muhammadan law of succession. The deceased died leaving (1) a sister, the petitioner, and (2) cousins, sons of a paternal uncle. It is not disputed that the sister, the appellant, is entitled to half of the deceased's property as her " share "; she, however, claims the remaining half.

Article 56 of the Muhammadan Code of 1806 provides: " if the deceased has left a sister she is entitled to the half, and the poor to the other half. " Article 102, second paragraph, says: " The shares allotted to the poor by several of the foregoing articles are not for the poor, but must go to the asew