SMT. DIPO versus WASSAN SINGH & OTHERS

Property inherited from paternal ancestors is not 'ancestral property' as regards collaterals but is absolute property; therefore, the appellant, being the preferential heir, is entitled to a decree for all plaint properties. Procedural rules must not thwart substantive justice by technicalities.

Parties: Appellant: Smt. Dipo; Respondents: Wassan Singh & Others
Jurisdiction: India
Judgment Date: 05 May 1983
Procedural Posture: Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 22nd September, 1969 of the Punjab and Haryana High Court in R.s.a. No. 1021 of 1964
Outcome: Appeal allowed
Legal Topics: Inheritance, Ancestral Property, Heirship, Preferential Heirs, Procedural Law, Limitation

Hindu Law Civil Procedure Inheritance Ancestral Property Heirship Preferential Heirs Procedural Law Limitation

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

Smt. Dipo

Appellant

Wassan Singh & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 22nd September, 1969 of the Punjab and Haryana High Court in R.s.a. No. 1021 of 1964

Legal Issues

1 Whether property inherited from paternal ancestors is ancestral or absolute property as regards non-male relations
2 Whether rules of procedure are meant to advance justice rather than short circuit decisions on merits
3 Whether custom excludes the sister from inheritance of ancestral property in favour of collaterals

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgments and decrees of Subordinate Judge, District Judge and High Court set aside
Decree for appellant in respect of all plaint properties