Supreme Court of India · 1951-11-29
TIKAIT HARGOBIND PRASAD SINGH vs SRIMATYA PHALDANI KUMARI.
- Citation / case number
- SC 1950/61
- Court
- Supreme Court of India
- Petitioner
- TIKAIT HARGOBIND PRASAD SINGH
- Respondent
- SRIMATYA PHALDANI KUMARI.
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court ruled that under Regulation XXIX of 1814, in the case of Birbhum ghatwals, a widow succeeds to ghatwali property in preference to the nearest male agnate when there are no direct lineal descendants. The Court clarified that the Mitakshara rule regarding ancestral property does not apply to ghatwali tenures, and the term 'descendants' in the regulation is interpreted broadly to mean 'heirs'. The judgment distinguished the case of Fulbati Kumari v. Maheswari Prasad, emphasizing the role of custom and usage in determining succession rights.