SINGHAI AJIT KUMAR & ANOTHER versus UJAYARSINGH AND OTHERS

SINGHAI AJIT KUMAR & ANOTHER versus UJAYARSINGH AND OTHERS

An illegitimate son of a Sudra is entitled to half of the self-acquired property of his putative father if there is a widow, and upon the widow's death, in the absence of daughter or daughter's son, he, as the nearest heir, succeeds to the widow's share as well. Adverse possession by the widows or Court of Wards does not defeat this succession, as any rights so acquired are limited to a widow's estate.

Parties
Appellant: Singhai Ajit Kumar & Another; Respondent: Ujayarsingh and Others
Jurisdiction
India
Judgment Date
16 March 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From a Judgment and Decree of the Nagpur High Court, Confirming the Decision of the 2nd Additional District Judge, Jabalpur
Outcome
Appeal dismissed
Legal Topics
Sudra Inheritance, Illegitimate Son's Rights, Self Acquired Property, Reversion, Adverse Possession
Hindu Law Sudra Inheritance Illegitimate Son's Rights Self Acquired Property Reversion Adverse Possession

Case Brief

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Parties

Singhai Ajit Kumar & Another

Appellant

Ujayarsingh and Others

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From a Judgment and Decree of the Nagpur High Court, Confirming the Decision of the 2nd Additional District Judge, Jabalpur

Legal Issues

  1. 1 Whether an illegitimate son of a Sudra Hindu is entitled to succeed to the share of a widow in his putative father's self-acquired property upon the widow's death.
  2. 2 Whether adverse possession by the widows or the Court of Wards prior to succession bars the illegitimate son's claim.

Ratio Decidendi

An illegitimate son of a Sudra is entitled to half of the self-acquired property of his putative father if there is a widow, and upon the widow's death, in the absence of daughter or daughter's son, he, as the nearest heir, succeeds to the widow's share as well. Adverse possession by the widows or Court of Wards does not defeat this succession, as any rights so acquired are limited to a widow's estate.

Court Disposition

Appeal dismissed