GOPAL SINGH AND OTHERS. versus UJAGAR SINGH AND OTHERS

GOPAL SINGH AND OTHERS. versus UJAGAR SINGH AND OTHERS

The applicable Punjab custom among agricultural Jats is that daughter's sons, upon her succession to non-ancestral property from her father, inherit to the exclusion of collaterals. The gift by the daughter to her sons accelerated the succession. Omission of a small part of the property due to oversight did not affect the bona fide surrender's validity. As the property was non-ancestral and plaintiffs were collaterals beyond the fifth degree, they had no reversionary rights.

Parties
Appellants: Gopal Singh and Sardar Singh; Respondents: Ujagar Singh and Others
Jurisdiction
India
Judgment Date
02 April 1954
Procedural Posture
Civil Appeal / Final Appeal From High Court Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Acceleration of Succession, Customary Inheritance Rights, Validity of Surrender, Reversionary Rights
Customary Law Succession Property Law Acceleration of Succession Customary Inheritance Rights Validity of Surrender Reversionary Rights

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Parties

Gopal Singh and Sardar Singh

Appellants

Ujagar Singh and Others

Respondents

Procedural Posture

Civil Appeal / Final Appeal From High Court Decision

Legal Issues

  1. 1 Whether under customary law applicable to agricultural Jats of village Ralla, the daughters' sons inherit to the exclusion of collaterals regarding non-ancestral property inherited from their mother.
  2. 2 Whether the gift by the daughter to her sons amounted to an acceleration of succession and the omission to include a small portion of the property affects the validity of the surrender.

Ratio Decidendi

The applicable Punjab custom among agricultural Jats is that daughter's sons, upon her succession to non-ancestral property from her father, inherit to the exclusion of collaterals. The gift by the daughter to her sons accelerated the succession. Omission of a small part of the property due to oversight did not affect the bona fide surrender's validity. As the property was non-ancestral and plaintiffs were collaterals beyond the fifth degree, they had no reversionary rights.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal fails and is dismissed with costs.