HEM SINGH AND ANOTHER versus HARNAM SINGH AND ANOTHER.

HEM SINGH AND ANOTHER versus HARNAM SINGH AND ANOTHER.

The Supreme Court held that under the Customary Law of Gurdaspur District applicable to the Gill Jats of village Gillanwali, adoption of a collateral of 8th degree is not invalid. The answer to 'near collaterals only' in the Riwaj-i-am is directory and does not restrict the adopter's discretion. Customary rules on ceremonies and preferences in selection are not of mandatory character, and adoptions made in disregard of them remain valid.

Parties
Appellant: Hem Singh; Appellant: Another (co-appellant); Respondent: Harnam Singh; Respondent: Gurmej Singh
Jurisdiction
India
Judgment Date
01 April 1954
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment and Decree (second Appeal)
Outcome
Appeal dismissed
Legal Topics
Adoption Under Customary Law, Validity of Adoption of Collateral, Interpretation of Riwaj I Am, Custom in Punjab
Customary Law Property Law Adoption Under Customary Law Validity of Adoption of Collateral Interpretation of Riwaj I Am Custom in Punjab

Case Brief

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 5 Party arguments 2
Sign in to unlock

Parties

Hem Singh

Appellant

Another (co-appellant)

Appellant

Harnam Singh

Respondent

Gurmej Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment and Decree (second Appeal)

Legal Issues

  1. 1 Whether under the Customary Law of Gurdaspur District (Punjab) applicable to Gill Jats of village Gillanwali, adoption of a collateral of 8th degree is valid
  2. 2 Whether the restriction to 'near collaterals only' in the Riwaj-i-am of Gurdaspur District is mandatory or directory

Ratio Decidendi

The Supreme Court held that under the Customary Law of Gurdaspur District applicable to the Gill Jats of village Gillanwali, adoption of a collateral of 8th degree is not invalid. The answer to 'near collaterals only' in the Riwaj-i-am is directory and does not restrict the adopter's discretion. Customary rules on ceremonies and preferences in selection are not of mandatory character, and adoptions made in disregard of them remain valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs