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.