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Milathai Amir Alias Manonmani Amir Vs. Subbaraya Mudaliar - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1901)11MLJ309
AppellantMilathai Amir Alias Manonmani Amir
RespondentSubbaraya Mudaliar
Excerpt:
- 1. the evidence of the expert witness must be accepted as putting it beyond doubt that according to the french law prevailing in french territory the testatrix on the death of her husband became by inheritance absolute owner of his property. but it is said that by her migration to british territory and acquisition of a british indian domicile the character of her estate was changed and that her rights were henceforth no other than those of a widow according to the hindu law administered by our court.2. it is impossible in our opinion to hold that the change of domicile assuming there was any change which is disputed could have any such effect. it is not suggested that she adopted the system of law prevalent in this part of british india.3. we dismiss the appeal with costs.
Judgment:

1. The evidence of the expert witness must be accepted as putting it beyond doubt that according to the French Law prevailing in French territory the testatrix on the death of her husband became by inheritance absolute owner of his property. But it is said that by her migration to British territory and acquisition of a British Indian domicile the character of her estate was changed and that her rights were henceforth no other than those of a widow according to the Hindu Law administered by our court.

2. It is impossible in our opinion to hold that the change of domicile assuming there was any change which is disputed could have any such effect. It is not suggested that she adopted the system of law prevalent in this part of British India.

3. We dismiss the appeal with costs.


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