Madras High Court
Muthan Chetty vs Ramaswamy Chetty And Anr. on 17 August, 1906
Equivalent citations: (1906)16MLJ550
JUDGMENT
1. We are of opinion that the husband's brother has a better right to the certificate than the sister's son.
2. If the property in question was the property of the deceased husband it passes to the husband's heirs. If it was the widow's stridhanam, and if she left no issue, it passes to the husband's heirs if the marriage was in one of the approved forms. See Thayammal v. Annamalai Mudali (1895) I.L.R. 19 M.p. 35 and the judgment of the Privy Council in Mussumat Thakoor Debhee v. Rai Baluk Ram (1866) 11 M.I.A. 139 at p. 175. In the absence of evidence to the contrary there is a presumption that, a marriage was in one of the approved forms.
3. We set aside the order of the District Judge and direct that the certificate issue to Muthan Chetty, the husband's brother, with costs throughout.
Note : - Cf. Ganeshi v. Ajudhia (1906) I.L.R. 28 A. 345 : - Ed.