ARJAN SINGH AND ORS. versus NARAIN SINGH & ORS.

ARJAN SINGH AND ORS. versus NARAIN SINGH & ORS.

A person adopted according to the customs of the Jat community of Zira, Ferozepore, as a customary appointment of heir, does not by such adoption lose the right to inherit collaterally in his natural family, save the right to inherit from his natural father when there are natural brothers. The custom pleaded by the...

Source-derived case information.

Parties
Appellant: Arjan Singh and Ors.; Respondent: Narain Singh and Ors.
Jurisdiction
India
Judgment Date
12 February 1963
Procedural Posture
Civil Appeals Nos. 223 & 224 of 1961 / Appeal From Punjab High Court Judgment and Decree Dated April 25, 1956, in Civil Regular Second Appeals Nos. 158 and 159 of 1949
Outcome
Appeal dismissed
Legal Topics
Adoption, Right of Inheritance of Adopted Sons, Customary Appointment of Heirs, Collateral Succession
Customary Law Hindu Law Succession Adoption Right of Inheritance of Adopted Sons Customary Appointment of Heirs Collateral Succession

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Arjan Singh and Ors.

Appellant

Narain Singh and Ors.

Respondent

Procedural Posture

Civil Appeals Nos. 223 & 224 of 1961 / Appeal From Punjab High Court Judgment and Decree Dated April 25, 1956, in Civil Regular Second Appeals Nos. 158 and 159 of 1949

Legal Issues

  1. 1 Whether a person adopted by customary appointment as heir in Jat families of Zira, District Ferozepore, is excluded from inheritance in his natural family
  2. 2 Whether the adoption was formal under Hindu Law or customary under local usage

Ratio Decidendi

A person adopted according to the customs of the Jat community of Zira, Ferozepore, as a customary appointment of heir, does not by such adoption lose the right to inherit collaterally in his natural family, save the right to inherit from his natural father when there are natural brothers. The custom pleaded by the defendants for complete exclusion was not established; the view of the High Court, applying general custom as stated in Rattigan's Digest, was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed with costs