MARA AND OTHERS versus NIKKO AND OTHERS

MARA AND OTHERS versus NIKKO AND OTHERS

The properties in dispute are not ancestral and in the absence of custom excluding sisters and sisters' sons from inheritance to non-ancestral property, personal law applies, making sisters and sisters' sons preferential heirs over collaterals.

Parties
Appellant: Mara; Appellant: Mohinder Singh; Appellant: Major Singh; Respondent: Nikko alias Punjab Kaur; Respondent: Jarnail Singh
Jurisdiction
India
Judgment Date
24 March 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab High Court in R.s.a. No. 1591 of 1959
Outcome
Appeal dismissed
Legal Topics
Ancestral Property, Customary Law, Preferential Heirs, Exclusion of Collaterals, Sisters' Succession
Inheritance Ancestral Property Customary Law Preferential Heirs Exclusion of Collaterals Sisters' Succession

Case Brief

Summary, issues, holding and outcome

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Parties

Mara

Appellant

Mohinder Singh

Appellant

Major Singh

Appellant

Nikko alias Punjab Kaur

Respondent

Jarnail Singh

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Punjab High Court in R.s.a. No. 1591 of 1959

Legal Issues

  1. 1 Whether the property is ancestral qua Pohla and Mara
  2. 2 Whether sisters and sisters' sons are preferential heirs over collaterals for non-ancestral property
  3. 3 Whether the relevant custom excludes sisters and sisters' sons from inheritance of non-ancestral property

Ratio Decidendi

The properties in dispute are not ancestral and in the absence of custom excluding sisters and sisters' sons from inheritance to non-ancestral property, personal law applies, making sisters and sisters' sons preferential heirs over collaterals.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.