Supreme Court of India · 1959-04-23
UJAGAR SINGH vs MST. JEO
- Citation / case number
- SC 1955/42
- Court
- Supreme Court of India
- Petitioner
- UJAGAR SINGH
- Respondent
- MST. JEO
- Bench
- SARKAR, A.K.
Judgment text excerpt
The Supreme Court addressed the issue of whether a sister could inherit her brother's self-acquired property over collaterals under Punjab customary law. The Court held that all customs, including general customs, must be proved unless they have gained judicial notice under Section 57(1) of the Indian Evidence Act, 1872. The High Court's decision to place the burden of proof on the appellant was upheld, and since neither party established their claimed customs, the case was decided based on the personal law of the parties, which was Hindu law, allowing the sister to succeed.