TEG SINGH AND OTHERS versus CHARAN SINGH AND ANOTHER

TEG SINGH AND OTHERS versus CHARAN SINGH AND ANOTHER

The respondent, as the adopted son, is entitled to possession of the gifted property because the declaratory decree obtained by potential reversioners freed the property from the encumbrance of the gift at the moment of the donor's death; the amendment to the Punjab Customs (Power to Contest) Act, 1920, does not...

Source-derived case information.

Parties
Appellant: Teg Singh and Others; Respondent: Charan Singh
Jurisdiction
India
Judgment Date
23 March 1977
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court Judgment Dated 13 2 1976 in R.s.a. No. 249 of 1976
Outcome
Appeal dismissed
Legal Topics
Alienation of Property, Declaratory Decree, Reversioners' Rights, Adoption and Inheritance
Property Law Customary Law Alienation of Property Declaratory Decree Reversioners' Rights Adoption and Inheritance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Teg Singh and Others

Appellant

Charan Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Punjab and Haryana High Court Judgment Dated 13 2 1976 in R.s.a. No. 249 of 1976

Legal Issues

  1. 1 Whether the legality of the gift made by Mula to Bhagwati Devi could be contested under the Punjab Customs (Power to Contest) Act as amended in 1973
  2. 2 Whether the decree obtained by appellants 1 to 12 enures for the benefit of respondent Charan Singh under s.8 of the Punjab Limitation (Custom) Act, 1920

Ratio Decidendi

The respondent, as the adopted son, is entitled to possession of the gifted property because the declaratory decree obtained by potential reversioners freed the property from the encumbrance of the gift at the moment of the donor's death; the amendment to the Punjab Customs (Power to Contest) Act, 1920, does not affect the operation or benefit of a pre-existing declaratory decree.

Court Disposition

Appeal dismissed

Orders

  • Appellants 1 to 12 shall pay the respondent's costs of the appeal