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.