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PETITIONER: GOPAL SINGH AND OTHERS
Vs.
RESPONDENT: UJAGAR SINGH AND OTHERS.
DATE OF JUDGMENT: 02/04/1954
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. HASAN, GHULAM AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 579 1955 SCR 86 CITATOR INFO : R 1955 SC 226 (9) R 1974 SC 665 (9)
ACT: Custom-Succession-Agricultural Jats of village Ralla, Tahsil Mansa, District Barnala, State Pepsu-Non-ancestral property Daughter’s sons v. collaterals-Gift by daughter of non-ancestral property in favour of her sons- Whether amounts to acceleration-Commission to include a small portion of the whole property in the gift Surrender-Validity of.
HEADNOTE: Held, that among agricultural Jats of Village Relia, in the District of Barnala, State of Pepsu, daughter’s sons will inherit, to the exclusion of collaterals, the non- ancestral lands which had devolved by inheritance on their mother. A gift by the daughter to her sons would amount to acceleration of succession. Omission to include a small portion of the whole property due to ignorance or oversight does not affect the validity of the surrender when it is otherwise bona fide. Lehna v. Mst. Thakri (32 Punjab Record 1892 F.B.); Lal Singh v. Boor Singh (55 P.L.R. 168 at 172); Mulla’s Hindu Law, 11th Edition, page 217; Rattingan’s Digest of Customary Law, para....