The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 22 1921

The law of England in the absence of custom adopts the law of primgeniture as to inheritable freeholds and a ditribution amongst the nearest of kin as to pesonalty a distinction not known in Hindu Law The only. [...] trace of religion in the history of the law of succession is the trust (without any beneficial interest) formerly reposed in the Church to administer personal property In the Hindu Law of Inheritance on the con Crary the heir or heirs are elected (their Lordships were deciding the case with refeence to the Dayabhuga or Bengal School of Ilindu Law) who are most capable of execising those r [...] The main ground upon whipthe election was attacked was that r. 10 -under h ich the Magistrate directed the name of the said Defendant: to be inserted in the registe; was inapplicable because his name was already on the register when he made the application. [...] In that view the Magistrate had power under r. 10 to make in' order for the insertion of the nit►e of the Ileudant in the register. [...] The petition of compromise further #tated that all the properties mentioned in the s Chedule to 'the plaint would remain charged for the payment of the maintenance.