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Judgment
Hamilton and Bennet, JJ.—On September 12, 1931:
Does Act II of 1929 apply to a son''s daughter, daughter''s daughter sister and sister''s son governed by the rules of inheritance of a Sub-school of the Mitakshara law which recognized them as heirs before the Act the Act being intended only to alter the order of precedence of existing heirs or does the Act go further and apply to persons governed by the rules of inheritance of other sub-schools of the Mitakshara which do not recognize the son''s daughter, daughter''s daughter, sister and sister''s Son as heirs with the result that these persons ate created heirs by the Act?
Thomas, C.J., Zia-ul-Hasan and Hamilton, JJ. gave separate but concurring judgments and the following order was passed on October 16, 1939 :
Thomas, C.J., Zia-ul-Hasan and Hamilton, JJ.
(October 16, 1939)
Our answer to the question referred to the Full Bench is :
The Hindu Law of Inheritance (Amendment) Act (II of 1929) applies not only to persons who were heirs under some sub-schools of the Mitakshara but also to son''s daughter, daughter''s daughter, sister and sister''s son, in all the provinces governed by the Mitakshara and makes them heirs in those Provinces.