SHYAM SUNDER PRASAD SINGH & ORS. versus STATE OF BIHAR & ORS .

SHYAM SUNDER PRASAD SINGH & ORS. versus STATE OF BIHAR & ORS .

The institution and practice of 'Putrika Putra' (appointed daughter's son) becoming the son and heir had become obsolete several centuries prior to the time in question, and was not recognized by the Benaras School of Hindu Law governing the family concerned. No sufficient evidence was produced to show the practice was in existence within living memory or relevant area. Claims of succession to the 'Bettiah Raj' estate based on the 'Putrika Putra' theory must fail.

Parties
Appellants: Shyam Sunder Prasad Singh and Others; Respondents: State of Bihar and Others
Jurisdiction
India
Judgment Date
22 July 1980
Procedural Posture
Civil Appeal / Supreme Court—final Appeal by Certificate From Patna High Court
Outcome
Appeals dismissed.
Legal Topics
Interpretation of Smritis and Commentaries, Obsolescence of Religious Practices, Putrika Putra, Escheat, Succession in Impartible Estates
Hindu Law Succession Law Interpretation of Smritis and Commentaries Obsolescence of Religious Practices Putrika Putra Escheat Succession in Impartible Estates

Case Brief

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Parties

Shyam Sunder Prasad Singh and Others

Appellants

State of Bihar and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court—final Appeal by Certificate From Patna High Court

Legal Issues

  1. 1 Whether the institution and practice of 'Putrika Putra' (appointed daughter's son) was recognized and subsisting under the Hindu law prevailing at the relevant time and place.
  2. 2 Whether claimants to 'Bettiah Raj' estate could succeed based on the 'Putrika Putra' theory.
  3. 3 Whether the family was governed by the Benaras or Mithila School of Mitakshara law.

Ratio Decidendi

The institution and practice of 'Putrika Putra' (appointed daughter's son) becoming the son and heir had become obsolete several centuries prior to the time in question, and was not recognized by the Benaras School of Hindu Law governing the family concerned. No sufficient evidence was produced to show the practice was in existence within living memory or relevant area. Claims of succession to the 'Bettiah Raj' estate based on the 'Putrika Putra' theory must fail.

Court Disposition

Appeals dismissed.

Orders

  • All Civil Appeals Nos. 114-119 of 1976 and the connected Special Leave Petition are dismissed.
  • Appellants are absolved from liability to pay costs in all the courts.