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april 1969

Supreme Court of India · 1969-04-29

RAJ KUMAR MOHAN SINGH & ORS. vs RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

Citation / case number
SC 1965/267
Court
Supreme Court of India
Petitioner
RAJ KUMAR MOHAN SINGH & ORS.
Respondent
RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 8 and Section 22(6) of the Oudh Estates Act 1 of 1869, a rebuttable presumption exists that a non-taluqdari estate devolves upon a single heir, similar to a taluqdari estate. The Court affirmed that the widow of a deceased taluqdari has a life interest in the estate, and her adopted son cannot transfer or alienate the property while she is alive. The judgment clarified that the deed of trust executed by the settlor did not operate to settle any property that was part of the taluqdari estate governed by the Act, thus upholding the earlier ruling of April 19, 1968.

RAJ KUMAR MOHAN SINGH & ORS. vs RAJ KUMAR PASUPATINATH SARAN SINGH & ORS. · Niyam