AIR 1937 OUDH 460

Oudh High Court

Hon'ble Judge(s): Ziaul Hasan, Madeley , JJ

Oudh Estates Act (1 of 1869) , S.22, S.32A— Hindu widow after her husband, succeeding to taluqa, which was to devolve after her according to S. 22-Gift of under-proprietary rights in some villages in same taluqa to widow-No declaration by widow to incorporate them into taluqdari estate as required by S. 32-A - Under-proprietary rights held did not merge in superior proprietary rights. The merger of lesser estate cannot be allowed where the result will be to apply a rule of succession to the rest of the estate varying the rule provided by the personal law of the parties to whom the said estate belongs.(Para 461C2) A Hindu widow succeeded on the death of her husband to a taluqa, which was to devolve after her according to the provisions of the Oudh Estates Act. She was gifted certain under-proprietary rights in some villages in the same taluqa. There was no declaration on her part to incorporate them into the taluqdari estate under S. 32-A, Oudh Estates Act: Held : that the under-proprietary rights gifted to the widow did not merge in her superior proprietary rights, as the former became her personal property and were to go to her stridhan heirs: AIR 1935 Oudh 62; AIR 1918 P C 25 and AIR 1932 P C 13, Rel. on; AIR 1924, Pat 721 and AIR 1929 Oudh 494, Ref; AIR 1926 Oudh 606 and AIR 1929 Oudh 88, Distin....