Supreme Court of India · 1974-03-05
DAYA SINGH (dead) THROUGH L.RS. & ANR. vs DHAN KAUR
- Citation / case number
- SC 1967/263
- Court
- Supreme Court of India
- Petitioner
- DAYA SINGH (dead) THROUGH L.RS. & ANR.
- Respondent
- DHAN KAUR
- Bench
- ALAGIRISWAMI
Judgment text excerpt
The Supreme Court held that under Section 8 of the Hindu Succession Act, 1956, succession opens on the death of the limited owner, and the law in force at that time governs the succession. The Court interpreted 'dying intestate' to refer specifically to the intestacy of a Hindu male, affirming that this interpretation does not give retrospective effect to the Act. The appeal was dismissed, confirming that the succession to the estate must be determined as if the last full owner died at the time of the limited owner's death.