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.