RAJ KUMAR MOHAN SINGH & ORS. versus RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

RAJ KUMAR MOHAN SINGH & ORS. versus RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

Even in the non-taluqdari estate left by the taluqdar which devolved upon the widow, her adopted son had, so long as the widow was alive, no interest which he could transfer, alienate, or settle. Presumption of single heir succession applies to non-taluqdari property of a taluqdar entered in List 2 under Section 8 of the Oudh Estates Act, unless proved otherwise.

Parties
Appellant: Raj Kumar Mohan Singh; Respondent: Raj Kumar Pasupatinam Saran Singh
Jurisdiction
India
Judgment Date
29 April 1969
Procedural Posture
Civil Appeal / Review of Supreme Court Judgment
Outcome
Petition for review dismissed; original judgment upheld
Legal Topics
Oudh Estates Act, Devolution of Estates, Single Heir Succession, Adoption and Succession, Family Custom
Property Law Succession Family Law Oudh Estates Act Devolution of Estates Single Heir Succession Adoption and Succession Family Custom

Case Brief

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Parties

Raj Kumar Mohan Singh

Appellant

Raj Kumar Pasupatinam Saran Singh

Respondent

Procedural Posture

Civil Appeal / Review of Supreme Court Judgment

Legal Issues

  1. 1 Whether non-taluqdari estate follows same rule of succession as taluqdari estate under Oudh Estates Act
  2. 2 Whether adopted son could transfer, alienate or settle non-taluqdari property during lifetime of widow
  3. 3 Whether widow is an 'heir' under the Act for succession purposes

Ratio Decidendi

Even in the non-taluqdari estate left by the taluqdar which devolved upon the widow, her adopted son had, so long as the widow was alive, no interest which he could transfer, alienate, or settle. Presumption of single heir succession applies to non-taluqdari property of a taluqdar entered in List 2 under Section 8 of the Oudh Estates Act, unless proved otherwise.

Court Disposition

Petition for review dismissed; original judgment upheld

Orders

  • It is declared that even in the non-taluqdari estate left by Raja Surpal Singh which devolved upon his widow Rani Jagannath Kuar for her life-time, Raja Bishwanath Singh had on August 29, 1932, no interest which he could transfer, alienate or settle.
  • Senior Raj Kumar will pay the costs of this hearing.