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may 1960

Supreme Court of India · 1960-05-06

JAI KAUR & OTHERS vs SHER SINGH & OTHERS.

Citation / case number
SC 1956/9
Court
Supreme Court of India
Petitioner
JAI KAUR & OTHERS
Respondent
SHER SINGH & OTHERS.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that under the customary law of the Hindu Jats of Grewal got, a daughter is a preferential heir to her father's self-acquired property over collaterals. The Court clarified that Rattigan’s Digest of Customary Law does not conflict with Riwaji-am, 1882, as the latter pertains only to ancestral property. The doctrine of surrender requires complete self-effacement by the widow for it to accelerate succession, which was not the case here, thus the gift made by the widow to her daughters was invalid beyond her lifetime. The judgment of the Punjab High Court was upheld, disapproving the earlier case of Mohinder Singh v. Kher Singh.

JAI KAUR & OTHERS vs SHER SINGH & OTHERS. · Niyam