Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 97

APPENDIX B.
81.
The High Court say at page 700 :--- "The Jainas have yo written lam of inheritance. Their lat on the subject can be ascertained only by investigating the customs which prevail among them.” In the Priry Council, Sir Montague E. Smith said :--The Courts Tould not dens" to the large and pealthy communities existing among the Jainas, the privilege of being governed by their own peculiar lats and customs, then these Jats and customs tere, by sufficient eridence, capable of being ascertained and defined and ere not open to objection on grounds of public policy or otherwise."
In the same year, in Chotay Lal r. Chunoo Lal 4, C 744, tbe question Tas thether a Jaina daughter took a limited estate like a Hindu widot or an absolute estate. It was held that, in the absence of proof of special custom Tarying the ordinary Hindu Lay of inheritance, that lay must be applied to Jaidas. At page 751, Sir M. E. Smith says:" Neither side appears to hare gone into evidence as to the customs of the Jainas or to short that the rule of inheritance among the sect of Jainas tras different from the ordinary law." The implication is that the Jaina Lats, if any, Frould have been applicable only if it were known, but none tas produced in the particular case.
In 1879, in a case, Bhimal Das v. Shikhar Chand (unreported), & Jaina castom tras set up by thich a husband claimed to succeed to the wife in property inherited by her from her father. It was held that the custom was not proved.
In 1880, in Bachebi v. Makhan, 3 A 55, a custom Tas set up bat a Jaina vidow can make a gift of her husband's property. 'he custom tas held not proved. The case was from Mainpari, Etah and Farrukhabad districts. The property Tas ancestral, and thus the decision tas not against Sheo Singh Rai F. Dakho, 1 A 688. · In 1886, Lakhmi Chand F. Gatto Bai, 8 A. 319, laid doton