A Treatise on Inheritance, Gift, Will, Sale and Mortgage: With an Introduction on the Laws of the Bengal Presidency

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J. Higginbotham, 1856 - 269 pages
 

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Page 5 - Calcutta ; provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing" between party and party, shall be determined, in the case of Mahomedans, by the laws and usages of...
Page 41 - And if a man or woman's substance be inherited by a distant relation', and he or she have a brother or sister ; each of them two shall have a sixth part of the estate". But if there be more than this number, they shall be equal sharers in a third part, after payment of the legacies which shall be bequeathed, and the debts without prejudice to the heirs.
Page 105 - Glanvil informs us that by the common law, as it stood in the reign of Henry the Second, a man's goods were to be divided into three equal parts: of which one went to his heirs or lineal descendants, another to his wife, and the third was at his own disposal...
Page 6 - ... in all suits regarding inheritance, marriage, caste, and other religious usages or institutions, the laws of the Koran with respect to Mohammedans, and those of the Shaster with respect to Gentoos, shall be invariably adhered to.
Page 41 - They also shall have the fourth part of what ye shall leave, in case ye have no issue ; but if ye have issue, then they shall have the eighth part of what ye shall leave, after the legacies which ye shall bequeath and your debts be paid.
Page 40 - God hath thus commanded you concerning your children. A male shall have as much as the share of two females...
Page 4 - Gentu or Mahomedan law, shall be preserved to them respectively within their said families ; nor shall any acts done in consequence of the rule and law of caste respecting the members of the said families only be held and adjudged a crime, although 1 This direction was repealed by Act XI of 1864. the same may not be held justifiable by the laws of England.
Page 40 - ... parts of what the deceased shall leave ; and if there be but one, she shall have the half. And the parents of the deceased shall have each of them a sixth part of what he shall leave, if he have a child ; but if he have no child, and his parents be his heirs, then his mother shall have the third part. And if he have brethren, his mother shall have a sixth part, after the legacies which he shall bequeath, and his debts be paid.
Page 41 - Ye know not whether your parents or your children be of greater use unto you. This is an ordinance from God, and God is knowing and wise. Moreover ye may claim half of what your wives shall leave, if they have no issue ; but if they have issue, then ye shall have the fourth part of what they shall leave, after the legacies which they shall bequeath and the debts be paid : they also shall have the fourth part of what ye shall leave in case ye have no issue ; but if ye have issue, then they shall have...
Page 66 - Then, again, in verse 29 of the same section, he says : ' Inheritance is in right of benefits conferred, and the order of succession is regulated by the degree of benefit ; ' and the same principle is laid down still more clearly and emphatically in the preceding verse, which says, ' Therefore, such order of succession must be followed as will render the wealth of the deceased most serviceable to them.

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