GOPAL CHANDRA PAL Vs. RAM CHANDRA PRAMANIK
GOPAL CHANDRA PAL
RAM CHANDRA PRAMANIK
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(1.) Two questions have been raised in this appeal by the learned vakil for the plaintiff appellant: First, whether according to the Bengal School of Hindu Law the husband or the brother is the preferential heir to moveable property obtained from her father, after her marriage, by a woman who has died childless, and second, whether additions made subsequent to her marriage to ornaments given by a father to his daughter at the time of her marriage should be treated as a part of the nuptial presents and as devolving according to the rule of law applicable to nuptial presents.
(2.) Upon the first question, though there is no doubt some conflict between the Dayabhaga on the one hand and the Daya Tatwa and the Dayakrama Sungraha on the other, the Dayabhaga, which is the work of paramount authority in the Bengal School, is clearly in favour of the brother's preferential right. This is evident from paragraphs 10 and 29 of Section III of Chapter IV of that treatise.
(3.) The learned vakil for the appellant contends that neither paragraph 10 nor paragraph 29 relates to property obtained by gift from the father.;
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