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february 1953

Supreme Court of India · 1953-02-27

SARASWATHI AMMAL vs JAGADAMBAL AND ANOTHER.

Citation / case number
SC 1952/76
Court
Supreme Court of India
Petitioner
SARASWATHI AMMAL
Respondent
JAGADAMBAL AND ANOTHER.
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court ruled that the evidence did not substantiate the custom that a dasi daughter succeeds to her mother's property over married daughters. In the absence of such a custom, succession must follow the Hindu law principle of propinquity, allowing both dasi and married daughters to inherit equally. The court emphasized that customs must be established factually and cannot be extended by analogy, thereby rejecting the notion that degraded relations are preferential heirs to undegraded ones.

SARASWATHI AMMAL vs JAGADAMBAL AND ANOTHER. · Niyam