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january 2002

Supreme Court of India · 2002-01-08

DARSHAN SINGH vs GUJJAR SINGH (DEAD) BY LRS. .

Citation / case number
SC 1992/65971
Court
Supreme Court of India
Petitioner
DARSHAN SINGH
Respondent
GUJJAR SINGH (DEAD) BY LRS. .
Author
S.N. PHUKAN V.N. KHARE
Bench
S.N. PHUKAN V.N. KHARE

Judgment text excerpt

The Supreme Court upheld the decision of the Punjab and Haryana High Court regarding the inheritance rights of Gujar Singh, a sixth-degree collateral of Jagjit Singh, affirming that Rulia Singh, adopted by Hira Singh, could only inherit Hira Singh's properties under customary law and not those of Jagjit Singh. The Court ruled that Jagjit Singh, absent for over seven years, could only be presumed dead as of the date the suit was filed, placing the burden of proof on the appellants to establish his death, which they failed to do. Consequently, the appeal was dismissed, affirming the lower courts' rulings on inheritance and possession.

DARSHAN SINGH vs GUJJAR SINGH (DEAD) BY LRS. . · Niyam