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january 1955

Supreme Court of India · 1955-01-21

MAHANT SALIG RAM vs MUSAMMAT MAYA DEVI.

Citation / case number
SC 1953/1416
Court
Supreme Court of India
Petitioner
MAHANT SALIG RAM
Respondent
MUSAMMAT MAYA DEVI.
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court established that under the general custom of Punjab, a daughter has precedence over collaterals in succession to her father's self-acquired property. The onus lies on the collaterals to prove the existence of a special local custom that excludes the daughter. The Court found that the Riwaj-i-am entries from 1913 regarding the rights of daughters were not reliable, thus affirming the daughter's right to inherit. The ruling reinforced the principle that daughters are preferred over collaterals in matters of succession to self-acquired property, as noted in Rattigan’s Digest of Customary Law.

MAHANT SALIG RAM vs MUSAMMAT MAYA DEVI. · Niyam