Page 332 - Gulf Precis (VI)_Neat

300 Part IV.

Sheikh Mahomed Taolu Shooslry of
IiiUmitlng by Louis I'rancii«ni«i. Kadhiamain.
The heirs (the plaintiffs in the suit
DrfinilinU by Ucmostbcucs Uro^ory Cuj<|n.
in the Calcutta High Court).
OS. Eventually the Executors and the aforesaid nine compromised their
dispute by agreement of 1801: the nine to
Internal A., Juno 1803, \o«. 20.6S.
get two-thirds of the whole property and the
executors to get the other one-third. Administrators were appointed to appor­
tion the share of the executors and that of the heirs. In the apportionment
the Residency with its gardens and stables fell into the two-thirds belonging
to the heirs. The executors got their one-third of the. personalty under tlio
agreement of 1891; but in order to fulfil the Ottoman law their share of tho
realty had first to he entered in the names of the heirs, and then r< transferred
to tho executors. Consequently, as was to ho expected when once the realty
was all got in the names of tho heirs,
External A., Juno 1891, Noi. 95*107. (No. 97.)
they with one accord refused to complete
the further necessary transfer. Wherefore to coerce them tho shares in t he
personalty of six heirs (which had not been paid over to them) was sequestered
until they should carry out their compromise agreement. Meanwhile Nawnb
Aga Mahomed Khan, our agent at Kathimain, ollcred a sum of Rs. 1,03,200
to the heirs for their two-thirds share of the ronlty. Pour of the nine heirs on
reconsideration agreed to effect the transfer of the ono-third to the executors
and simultaneously agreed to the sale of their shares in tho remaining two-thirds
to the Nawab. On this their shares iu tho personalty were released from
sequestration. Two of the other five heirs also offered to carry out the transfer
to the executors, and sell their own interest to the Nawab (Colonel Mooklcr’s
letter No. 12G, dated 5th March lSlM-, to tho Government of India).
99. On the Consular Court at Constantinople establishing its jurisdiction to
deal with the case, the Advocate General gave it as his opinion that tho Gov-
erumentof India should not further interfere in the matter. In pursuance of
tho advice the Government of India have refrained from any further interfer­
ence iu the conduct of allairs of the estate, but have been kept informed of tho
progress of events.
100. It appears that by the end of May 1890, all the hairs had complied
with the stipulations of the agreement of iS91, so that nothing remained tin-
settled between tho executors and heirs concerning the estate of the deceased.
101. The death of Agha Mahomed Khan (in 1901 ?), one of the principal
trustees of the Trust Estalos, disclosed au
Extcrnal A, February 1905, Nos. 118—119.
unsatisfactory stato of things. He had
purchased estates (including the British Residency) in his own name by moans
of trust funds. The heirs of Agha Mahomed claimed from the Resident certain
title deeds connected with tho trust deposited at the Resident. 'Ibis lie was
given permission to do by the British Ambassador subject to certaiu conditions.
(Telegram 21th January 1905.)