MAKTUL versus MST. MANBHARI & OTHERS

MAKTUL versus MST. MANBHARI & OTHERS

Property inherited from maternal grandfather is not ancestral property under Punjab customary law; appellant has no right to challenge alienation.

Source-derived case information.

Parties
Appellant: Maktul; Respondent: Mst. Manbhari & Others (respondents Nos. 1 to 9); Respondent: Sarup (respondent 10); Respondent: Ram Kala (deceased defendant)
Jurisdiction
India
Judgment Date
23 May 1958
Procedural Posture
Civil Appeal No. 150 of 1955 / Appeal From Judgment and Decree Dated August 20, 1952, Punjab High Court, in Regular First Appeal No. 1010 of 1949 Arising Out of Judgment and Decree Dated March 22, 1948, Sub Judge Panipat, Suit No. 361 of 1947
Outcome
appeal dismissed
Legal Topics
Inheritance, Ancestral Property, Stare Decisis
Customary Law Hindu Law Inheritance Ancestral Property Stare Decisis

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Parties

Maktul

Appellant

Mst. Manbhari & Others (respondents Nos. 1 to 9)

Respondent

Sarup (respondent 10)

Respondent

Ram Kala (deceased defendant)

Respondent

Procedural Posture

Civil Appeal No. 150 of 1955 / Appeal From Judgment and Decree Dated August 20, 1952, Punjab High Court, in Regular First Appeal No. 1010 of 1949 Arising Out of Judgment and Decree Dated March 22, 1948, Sub Judge Panipat, Suit No. 361 of 1947

Legal Issues

  1. 1 Whether property inherited by a Hindu male from his maternal grandfather is ancestral property qua his sons under Punjab customary law.

Ratio Decidendi

Property inherited from maternal grandfather is not ancestral property under Punjab customary law; appellant has no right to challenge alienation.

Court Disposition

appeal dismissed

Orders

  • Appellant will pay respondents' costs in this Court; parties bear their own costs in courts below.