SARASWATHI AMMAL versus JAGADAMBAL AND ANOTHER

SARASWATHI AMMAL versus JAGADAMBAL AND ANOTHER

The Supreme Court held that the evidence on record did not establish the pleaded custom that dasi daughters alone succeed to the exclusion of married daughters. In the absence of such custom, succession to a dasi must be governed by the rule of propinquity of Hindu law; dasi daughters and married daughters inherit in equal shares.

Parties
Appellant: Saraswathi Ammal; Respondent: Jagadambal; Respondent: Meenambal
Jurisdiction
India
Judgment Date
27 February 1953
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal dismissed
Legal Topics
Inheritance Rights of Dasi Daughters and Married Daughters, Proof of Custom for Succession, Rule of Propinquity in Hindu Law
Succession Hindu Law Customary Law Inheritance Rights of Dasi Daughters and Married Daughters Proof of Custom for Succession Rule of Propinquity in Hindu Law

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Parties

Saraswathi Ammal

Appellant

Jagadambal

Respondent

Meenambal

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether among the community of dasis (dancing girls) in South India, a dasi daughter succeeds to her mother in preference to married daughters
  2. 2 Whether a custom excluding married daughters from inheritance was proved
  3. 3 Whether rule of propinquity of Hindu law applies to the succession of dasi daughters and married daughters

Ratio Decidendi

The Supreme Court held that the evidence on record did not establish the pleaded custom that dasi daughters alone succeed to the exclusion of married daughters. In the absence of such custom, succession to a dasi must be governed by the rule of propinquity of Hindu law; dasi daughters and married daughters inherit in equal shares.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs