Page 321 - Gulf Precis (VI)_Neat

Chapter XVII. 289
42. In a lator communication Colon ol Nixon stated that ho bad had an inter­
view with Kulsum Begum, and that she
Ho. 19, dated 20tb May 1878.
Boomed to bo quite ignorant of the nature
of tho telegram sent to Government, which most likely emanated from
Mehndi Hossciu.
43. Two more communications were received, one on 22nd and tho other
on 23rd May 1876, from Mchndi Nosscin.
44. The former reported that Mehndi Hossein'a right as trustee had been
established by the Judge and the Judicial Commissioner of Lucknow, and that it
was decided that a certificate should be granted to Mehndi Ilossein at Baghdad ;
and Molmdi Ilossein prayed for orders for tho issuo to him of the necessary
document, or for tho removal of the minor, who, ho believed, was about to ho
married into au objectionable family, a circumstanco which lie desired might be
prevented.
45. In the paper received on the 23rd May 1870, Mehndi Hoasein stated,
among other things, that Itamzan Ali was known as Taj Mahal's step-brother
and bore no such relation to Kulsum Begum as to be appointed her guardian.
It was also shown therein that the property to he inherited by Kulsum Begum
• Paragraph 3 of Ictlor from Political Agent, existed ill different parts Of India 80 Woll
TorkiiU Arabia, No. it, dated 11th April 1878. as at Baghdad. 6licll hoing tho Case, find,
as tho heir had 0 never been in India, the action of tho Civil Court at Lucknow
in giving Mehndi Ilossein a certificate of administration, appeared to bo op­
posed to Section V of Act 40 of 1858, which runs as follows :—
“ If the property be situated in more than one district, any auoh application" (that is, for
the appointment of a fit person to take charge of the property and person of a minor) * •
" shall be made to the Civil Court of tho districts iu which the minor has his residence."
46. It will however he seen from the concluding portion of Colonel Nixon's
letter No. 19, dated 20th May 1876, that the Judicial Commissioner of Luoknow
reversed the order of the Judge of that place, appointing Mehndi Hosseiu tho
guardian of Kulsum Begum.
47. In connection with the above point, tho Chief Commissioner of Oudh
was desiredf to obtain some explanation
t Ho. 1166-0., dated lit June 1876, and ancloattrct.
from the Court at Lucknow aa to tho
action taken by it, and to submit a report on tho case.
48. In reply, the Officiating Junior 8ecrotary to the Chief Commissioner of
Oudh communicates particulars of the case. Among them that—
a on tho 13th July 1875, the Chief Commissioner received a telegram from the Political Agent*
Turkish Ar«*»bia, announcing the death of Taj Mahal Saheba, widow of Nusseer-ud*din Hydor*
lato King of Oudh, a Waseekadar of Its. 6,000 per mensem, leaving a reputed grand-daughter*
who was minor, and requesting instructions rogurding tho grandchild and property.
“ Tho Chief Commissioner informed tho Political Agent that he had no power to give
any order regarding the guardianship of the minor or the property of the deceased, and that
only tho olairas to the wassceka pension could he decided by him.
11 Colonel Nixon replied that under the provisions of an order % in Counoil, ho was em­
powered to deal with the effects of tho deceased
X Perigraph 206 of Political A., March 1874,
Ho. 76. lady, but that he did not wish to hand ovor any
"TLo Court ihMUndeavour to obtain as early «• of her property to her brother Syud Ramzan Ali
may be, notice of tha death of «rcry lubject or pro- j£han under whoso guardianship ho had placed the
minor, until h. W„S advised hj the Chief Com-
pitting hi* attain ai may lorvo to guide tbo court missioner that he recognized him as her heir."
with rcipectto the locuriug aud administration of
bii property."
49. It is further stated in the letter from the Officiating Junior Secretary
to the Chief Commissioner that Mehndi Hossein—
«« having obtained a certificate of guardianship from tho Civil Court in Lucknow, proceeded
to Turkish Arabia for tho purpose of taking possession of his step-daughter, but Colonel Nixon
refused to let her go, and wrote to the Chief Commissioner complaining of what had happened.
“The Chief Commissioner submitted tho caso for tho opinion of tho Judicial Commissioner
who replied that tho action of tho Civil Judgo in granting tho certificate was illegal, inasmuch
as ho hod no jurisdiction, aud a copy of his letter was sout to Colonel Nixon."