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In Re: Grish Chunder Mitter - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal483
AppellantIn Re: Grish Chunder Mitter
Cases ReferredDossee v. Koylash Kaminee Dossee
Excerpt:
letters of administration - estate of deceased hindu, consisting of immoveable and moveable property. - richard garth, c.j.1. we think it quite clear that, in this case, and as a rule in all cases, general letters of administration of a hindu's estate must be taken out for the immoveable as well as the moveable property, and that duty must be paid upon the value of the whole. limited administration can only be granted under special circumstances.2. the real point in the case decided by kennedy, j., in the case of kadum-binee dossee v. koylash kaminee dossee (i. l. r., 2 cal., 430), is beside the present question; and the opinion there expressed by the learned judge seems not to have been necessary for the purposes of his decision.
Judgment:

Richard Garth, C.J.

1. We think it quite clear that, in this case, and as a rule in all cases, general letters of administration of a Hindu's estate must be taken out for the immoveable as well as the moveable property, and that duty must be paid upon the value of the whole. Limited administration can only be granted under special circumstances.

2. The real point in the case decided by Kennedy, J., in the case of Kadum-binee Dossee v. Koylash Kaminee Dossee (I. L. R., 2 Cal., 430), is beside the present question; and the opinion there expressed by the learned Judge seems not to have been necessary for the purposes of his decision.


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