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PETITIONER: JAI KAUR & OTHERS
Vs.
RESPONDENT: SHER SINGH & OTHERS.
DATE OF JUDGMENT: 06/05/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1960 AIR 1118 CITATOR INFO : RF 1961 SC1374 (4) R 1966 SC1555 (4) RF 1980 SC2138 (5)
ACT: Hindu Law-Jats of Grewal got-Customary law of succession-- Non-ancestral Property-Daughter, if preferrted to collateyals-Doctrine of surrender-Gift to daughter by widow, if accelerates succession-Rattigan’s Customary Law of the Punjab, Para 23-Riwaji-am, 1882, Question 43.
HEADNOTE: Under the customary law prevalent amongst the Hindu Jats of Grewal got in Ludhiana, a daughter is a preferential heir to her father in respect of his self -acquired property to his collaterals. Rattigan’s Digest of Customary Law, paragraph 23, which records the correct law on the point, is not in conflict with Riwaji-am, 1882, Question NO. 43, which refers only to ancestral property and not to self -acquired property at all. Mt. Hurmate v. Hoshiaru, A.I.R. 1944 Lah. 21, approved. Mohinder Singh v. Kher Singh, A.I.R. 1949 East Punjab 328, disapproved. Mt. Subhani v. Nawab, A.I.R. 1941 (P.C.) 21, referred to. Case-law discussed. The doctrine of surrender in Hindu Law is based on a theory of complete self-effacement by the widow in favour of the reversioner and in order that such su...