JAI KAUR & OTHERS versus SHER SINGH & OTHERS.

JAI KAUR & OTHERS versus SHER SINGH & OTHERS.

Under the customary law applicable to Hindu Jats of Grewal got, daughters are preferential heirs to self-acquired property over collaterals, but a gift by a widow to her daughters does not amount to valid acceleration of succession under the doctrine of surrender unless it is a surrender of the entire interest in the entire property; partial effacement is not recognised, thus the gift is valid only during the widow's lifetime.

Parties
Appellant: Jai Kaur; Appellant: Daughters of Jai Kaur (2nd and 3rd appellants); Respondent: Sher Singh; Respondent: Labh Singh
Jurisdiction
India
Judgment Date
06 May 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court
Outcome
Appeal dismissed
Legal Topics
Succession, Doctrine of Surrender, Gift by Widow, Preferential Heirs, Self Acquired and Ancestral Property
Hindu Law Customary Law Succession Doctrine of Surrender Gift by Widow Preferential Heirs Self Acquired and Ancestral Property

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Parties

Jai Kaur

Appellant

Daughters of Jai Kaur (2nd and 3rd appellants)

Appellant

Sher Singh

Respondent

Labh Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court

Legal Issues

  1. 1 Under customary law of Hindu Jats of Grewal got, who are preferential heirs to self-acquired property: daughters or collaterals?
  2. 2 Does a gift by a widow of self-acquired property to her daughters accelerate succession under the doctrine of surrender and create valid title beyond her lifetime?

Ratio Decidendi

Under the customary law applicable to Hindu Jats of Grewal got, daughters are preferential heirs to self-acquired property over collaterals, but a gift by a widow to her daughters does not amount to valid acceleration of succession under the doctrine of surrender unless it is a surrender of the entire interest in the entire property; partial effacement is not recognised, thus the gift is valid only during the widow's lifetime.

Court Disposition

Appeal dismissed

Orders

  • Suit decreed in favour of plaintiffs in respect of non-ancestral property; gift by widow valid only during her lifetime; parties to bear their own costs throughout