Principles and Precedents of Moohummudan Law Being a Compilation of Primary Rules Relative to Inheritance Contracts and Miscellaneous Subjects

Justice STRANGE of the Madras Sudder Court observes at page 73 of his Manual wherever equity may not be imperilled the Court would respect this branch " also of the law as what should naturally govern the transactions of the "people with one another and the more so as the Supreme Courts of the "Crown are enjoined to dispense it." And with respect to the application of the Mahomedan Law Mr [...] ed as the invariable standard for fixing the proportion ; and the rules for the succession of the several heirs and the order of preference assigned to the different degrees of consanguinity seem to be exactly what would be most consonant to the general inclination of mankind. [...] It resembles the former in giving exclusive preference to the children and it resembles the latter in peEmitting simultaneous succession of brethren and parents."Viii PRELIMINARY REMARKS The apparently unjust preference of the elder son to the exclusion of all the rest which in our own Law had its origin in the feudal policy of the times is rejected by the1VIoehummudan Law and the equitable [...] There is a remarkable degree of similarity between the provisions of the English Law relative to the mode of disposing of an intestate's pesonal estate and the rules of the Moolnommudan Law -for administering to the property of a person deceased. [...] The legal sharers are the husband and wife the father and mother the grandfather and grandmother the brother by the same mother the sister by the same mother the uterine sister the sister by the same father the daughter and the son's daughter.