KEHAR SINGH & ORS. versus CHANAN SINGH & ORS.

KEHAR SINGH & ORS. versus CHANAN SINGH & ORS.

The entries in the Riwaj-i-am relied upon by appellants do not refer to non-ancestral property and thus are not relevant for establishing a special custom excluding daughters from succession to non-ancestral property. The appellants failed to discharge the onus of proving that the general custom, which prefers daughters to collaterals in succession to self-acquired property, had been varied by a special custom. Therefore, the customary law among Sidhu Jats of Muktsar Tahsil in regard to non-ancestral property is as recorded in Rattigan's Digest: daughters are preferred to collaterals.

Parties
Appellant: Kehar Singh & Ors.; Respondent: Chanan Singh & Ors.
Jurisdiction
India
Judgment Date
14 December 1967
Procedural Posture
Civil Appeal / Decision on Appeal From the Punjab High Court Judgment Dated September 6, 1961, in Regular Second Appeal No. 54 of 1960
Outcome
Appeal dismissed
Legal Topics
Succession to Property, Customary Law of Punjab, Preference Between Daughters and Collaterals, Interpretation of Riwaj I Am and Rattigan's Digest
Civil Law Customary Succession Law Succession to Property Customary Law of Punjab Preference Between Daughters and Collaterals Interpretation of Riwaj I Am and Rattigan's Digest

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Parties

Kehar Singh & Ors.

Appellant

Chanan Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From the Punjab High Court Judgment Dated September 6, 1961, in Regular Second Appeal No. 54 of 1960

Legal Issues

  1. 1 Whether collaterals of the 5th degree take precedence over married daughters in succession to non-ancestral property under Punjab customary law
  2. 2 Whether entries in the Riwaj-i-am prevail over general custom recorded in Rattigan's Digest for succession to non-ancestral property

Ratio Decidendi

The entries in the Riwaj-i-am relied upon by appellants do not refer to non-ancestral property and thus are not relevant for establishing a special custom excluding daughters from succession to non-ancestral property. The appellants failed to discharge the onus of proving that the general custom, which prefers daughters to collaterals in succession to self-acquired property, had been varied by a special custom. Therefore, the customary law among Sidhu Jats of Muktsar Tahsil in regard to non-ancestral property is as recorded in Rattigan's Digest: daughters are preferred to collaterals.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Punjab High Court dated September 6, 1961 in Regular Second Appeal No. 54 of 1960 affirmed
  • Appeal dismissed with costs