AIR 1931 BOMBAY 378

Bombay High Court

Hon'ble Judge(s): Patkar, Broomfield , JJ

(A) Bombay Hereditary Offices Act (3 of 1874) , S.36(3)— Civil Court can determine who is nearest heir of representative-watandar. The civil Courts have jurisdiction to entertain a suit for the determination of the question as to who is the nearest heir of the deceased representative watandar : (B) Bombay Hereditary Offices Act (3 of 1874) , S.36(3)— Determination of Succession - Court's duty explained. Under S. 36 (8) the Collector as well as the Court have first to determine the group of heirs who would succeed to the deceased representative watandar according to the personal law and then to decide who is the nearest heir in that group and in determining that question the rule of primogeniture shall be presumed to prevail in the watan family. And further since there are no rules under the Act resort can be legitimately had to the rules of succession to impartible estate like the zamindari in which the rule of primogeniture prevails. (C)Hindu Law - Succession - Primogeniture - Definition. Rule of primogeniture may be defined as the succession of the eldest member of the eldest branch. (D)Hindu Law....