DAYA SINGH (DEAD) THROUGH L.RS. & ANR. versus DHAN KAUR

DAYA SINGH (DEAD) THROUGH L.RS. & ANR. versus DHAN KAUR

Succession to the estate in question opened on the death of the limited owner (widow) and must be decided based on the law in force at that time, i.e., by applying s.8 of the Hindu Succession Act, 1956. The Customary Law of Punjab does not apply once the Act is in force.

Parties
Appellant: Daya Singh (dead) through L.Rs. & Anr.; Respondent: Dhan Kaur
Jurisdiction
India
Judgment Date
05 March 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 18th May 1967 of the Punjab and Haryana High Court in L.p.a. No. 158 of 1967
Outcome
Appeal dismissed
Legal Topics
Interpretation of Statutes, Succession of Property, Customary Law, Limited Owner's Estate, Hindu Succession Act S.8
Succession Law Hindu Law Interpretation of Statutes Succession of Property Customary Law Limited Owner's Estate Hindu Succession Act S.8

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Parties

Daya Singh (dead) through L.Rs. & Anr.

Appellant

Dhan Kaur

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 18th May 1967 of the Punjab and Haryana High Court in L.p.a. No. 158 of 1967

Legal Issues

  1. 1 Whether s.8 of the Hindu Succession Act, 1956 changes the old Hindu Law regarding the date of opening of succession after the death of a female limited owner who succeeded the last male holder
  2. 2 Whether the Customary Law of Punjab continues to apply or s.8 of the Act governs succession in such cases

Ratio Decidendi

Succession to the estate in question opened on the death of the limited owner (widow) and must be decided based on the law in force at that time, i.e., by applying s.8 of the Hindu Succession Act, 1956. The Customary Law of Punjab does not apply once the Act is in force.

Court Disposition

Appeal dismissed

Orders

  • The appellants will pay the respondent's costs.