Page 323 - Gulf Precis (VI)_Neat

Chapter XVII. 291
rondcr tlio minor’s claim somewhat equivocal, and will havo to bo discuasod under tho curious
Mahoincdau law of Mnbjoob-ool-Irus.
GS. With respect to tho statement of tho Officiating Junior Secretary to
the Chief Commissioner of Oudh—
Ltttor No. 118, dated 20tli Juno 187C, paragraph 8.
" that the name of the Kulsum Begum only appears in the list of heirs filed in tho Wasccka
Ofiicc by the deceased lady,”
tho Political Agent, Turkish Arabia, pointed out that had such a document hcon
Paragraph 8 of letter No. 44, dated nth August framed it would liavo bcou submitted
1®7C* through his offico to the Chief Commis­
sioner, as he “ lias ordinarily to sign every life certificate and verify tho seal or
signature of every pensioner in Turkish Arabia; "and ho hoped that tho list
referred to, if unverified, may not be accepted as valid by the Chief Commissioner
of Oudh, and desired that it might be sent to him. llo also awaits orders as to
whether tho minor should bo transferred.
59. Colonel Nixon enclosed in his letter, translation of a potition from
Ramzan Ali, in which the latter brings to notice that when Nussir-ud-doen
Hyder died, Taj Mahal had no child by him; that Mohndi Hossoin bad put
forward a forged and false Hibbanamch to tho elTcct, that Kulsum Nissa
Bogum was tho heir of Taj Mahal; that Taj Mahal did not know how to write
or read, and her seal was in the hands of others; that the said llibbanaraeh was
not authenticated by tho seal and signature of the British Resident at
Baghdad according to custom and rule.
60. Ramzan Ali further stated that he had always been in attendance on
tho deceased ; and that if such a document were prepared by her, ho would havo
been aware of its existence; that the property of the deceased was bequeathed
to her by her husband for her benefit acd for that of her relations; and that
ho (Ramzan Ali) as her brother was the lawful heir.
61. The Political Agent, Turkish Arabia, reported that Ramzan Ali had
made several applications for money for tho support of tho minor, himself, and
dependants; and solicited that Government might pass an order for Rupees
2,000 being paid monthly to Ramzan Ali, pending a decision on the question of
the guardianship of the minor.
62. It might be romarked that Colonel Nixon in his letter No. 44, dated
14th August 1876, took exception to the stylo in which tho letter from the
Officiating Junior Secretary to the Chief Commissioner of Oudh, No. 118, dated
20th June 1876, was written.
63. Meanwhile the Chief Commissioner, Oudh, had recommended that
tho option allowed by tho Treaty of capitalizing the pension should bo accepted,
and that tlio principal sum, which would amount to Rupees 14,40,000, should
be paid to tho person who might prove to bo tho rightful heir. In this view
tho Government of India concurred ; but a difficulty arose as to tho course to
be pursued pending settlement of the question of succession. The Advocate-
General was consulted. Ho advised that interest at the rate of 5 per cent,
per annum must bo paid until the Government was discharged by payment of
tho principal as provided in Article 3 of tho Treaty of 1829. As both claimants
wero boyond the jurisdiction of tho Indian Courts, no proceedings could be
taken to pay the principal money into court. The best course to he adopted was,
to serve notices on the claimants, taking care not to admit their title, informing
them that tho Government had resolved to pay off, under Article 4 of the
Agreement, the principal sum proportionate to the pension of Rupees 6,000
monthly, calculated upon a rate of 6 por cent, interest on the amount capitalized.
The claimants wero to be referred to a Court of Justice for decision of all
questions regarding tho right to inherit from the deceased lady; and finally
they were to bo warned of the risk of having tho interest payable barred by
limitation, unless proceedings were taken without delay. The Government
could not escape paying 5 por cont. interest by investing the monoy in Govern-
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