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november 1951

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.

TIKAIT HARGOBIND PRASAD SINGH vs SRIMATYA PHALDANI KUMARI. · Niyam