KEHAR SINGH & ORS . versus DEWAN SINGH & ORS.

KEHAR SINGH & ORS . versus DEWAN SINGH & ORS.

Kala Singh's adoption was a mere appointment of heir, not a formal adoption. He retained collateral succession rights in his natural family, indicating lack of complete transplantation into adoptive family, thus not entitled to collateral succession in adoptive father's family under the custom of Jats in Amritsar District.

Parties
Appellant: Kehar Singh & Ors; Respondent: Dewan Singh & Ors
Jurisdiction
India
Judgment Date
21 January 1966
Procedural Posture
Civil Appeal / Supreme Court on Certificate From High Court
Outcome
Appeal allowed; suit dismissed
Legal Topics
Customary Adoption, Appointment of Heir, Collateral Succession, Punjab Succession Customs
Customary Law Succession Adoption Customary Adoption Appointment of Heir Collateral Succession Punjab Succession Customs

Case Brief

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Parties

Kehar Singh & Ors

Appellant

Dewan Singh & Ors

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Certificate From High Court

Legal Issues

  1. 1 Whether Kala Singh, appointed heir/adopted son, could succeed collaterally in the family of his adoptive father according to the custom of Jats in Amritsar District

Ratio Decidendi

Kala Singh's adoption was a mere appointment of heir, not a formal adoption. He retained collateral succession rights in his natural family, indicating lack of complete transplantation into adoptive family, thus not entitled to collateral succession in adoptive father's family under the custom of Jats in Amritsar District.

Court Disposition

Appeal allowed; suit dismissed

Orders

  • Decree of High Court set aside
  • Decree of District Judge, Amritsar restored