SALIG RAM versus MUNSHI RAM AND ANOTHER

SALIG RAM versus MUNSHI RAM AND ANOTHER

Among Brahmins and Khatris in Amritsar district, a son given away in adoption can succeed to the property of his natural father only if there is no other son; if there is another son, he cannot succeed. The principle of representation does not entitle Munshi Ram to his natural grandfather's property as he was adopted away and Nanak Chand had another son.

Parties
Appellant: Salig Ram; Respondent: Munshi Ram; Appellant: Sardar Singh; Respondent: H.P. Wanchoo
Jurisdiction
India
Judgment Date
21 March 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab High Court Judgment and Decree Dated July 5, 1954
Outcome
Appeal allowed; suit dismissed so far as Nanak Chand's property is concerned.
Legal Topics
Adopted Son's Inheritance Rights, Punjab Laws Act 1872 S.5, Custom Versus Hindu Law
Succession Customary Law Adopted Son's Inheritance Rights Punjab Laws Act 1872 S.5 Custom Versus Hindu Law

Case Brief

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Parties

Salig Ram

Appellant

Munshi Ram

Respondent

Sardar Singh

Appellant

H.P. Wanchoo

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab High Court Judgment and Decree Dated July 5, 1954

Legal Issues

  1. 1 Whether an adopted son can inherit property from his natural family under Punjab custom among Brahmins and Khatris
  2. 2 Whether the principle of representation entitles Munshi Ram to his natural grandfather's property

Ratio Decidendi

Among Brahmins and Khatris in Amritsar district, a son given away in adoption can succeed to the property of his natural father only if there is no other son; if there is another son, he cannot succeed. The principle of representation does not entitle Munshi Ram to his natural grandfather's property as he was adopted away and Nanak Chand had another son.

Court Disposition

Appeal allowed; suit dismissed so far as Nanak Chand's property is concerned.

Orders

  • Decree of lower courts set aside.
  • Parties to bear their own costs throughout.