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.