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february 1963

Supreme Court of India · 1963-02-12

ARJAN SINGH AND ORS. vs NARAIN SINGH & ORS.

Citation / case number
SC 1961/239
Court
Supreme Court of India
Petitioner
ARJAN SINGH AND ORS.
Respondent
NARAIN SINGH & ORS.
Author
P.B. GAJENDRAGADKAR,K.N. WANCHOO,M. HIDAYATULLAH,K.C. DAS GUPTAC. SHAH
Bench
P.B. GAJENDRAGADKAR,K.N. WANCHOO,M. HIDAYATULLAH,K.C. DAS GUPTA,J.C. SHAH

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that an adopted son under customary law does not lose his right to inherit from his natural family, except in cases where natural brothers exist. The Court clarified that the adoption of Ghuda Singh was a customary appointment of an heir rather than a formal adoption, thus allowing his descendants to inherit Harnam Singh's estate. The decision reinforced the principle that customary adoptions maintain connections to the natural family, contrary to the defendants' claims based on formal adoption under local customs.

ARJAN SINGH AND ORS. vs NARAIN SINGH & ORS. · Niyam