Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customary Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Customary Law-Jats of Tehsil Zira of Ferozepore District -Adoption- Formal adoption in Hindu Law and customary appointment of an heir - Difference - Effect of appointment of heir on connection with natural family. Harnam Singh died leaving behind two daughters. They also died without leaving any issue surviving them. The Revenue authorities ordered that the entire estate of Harnam Singh be entered in the revenue records in the names of the defendants. The plaintiffs filed a suit for possession of the estate of Harnam Singh. Their contention was that notwithstanding the adoption of Ghuda Singh, their predecessor, by his maternal uncle, they as descendants of Ghuda Singh were not excluded from inheritance to the estate of a member in the natural family of Ghuda Singh: It was also contended that the family of the plaintiffs and Harnam Singh was governed by Zamindara Riwaj-i-am by virtue of which a son adopted in another family and his descendants did not lose their right to inherit in the natural family because by the adoption according to the custom of the community, the adopted son did not completely sever his connection with his natural family. The contention of defendants-appellants was that in the District of Ferozepore, every adoption in a Hindu family was formal and according to the Riwaj·i·am of the District, an adopted son was excluded from the right to inherit in his natural family. Consequently, Ghuda Singh, who was adopted by Bhan Singh, could not inherit the estate because his adoption operated as complete severance from the natural family. The suit was dismissed by the Subordinate Judge and his order was confirmed by the District Judge. However, the High Court set aside the order of the District Judge and held that the record disclosed no evidence that the adoption of Ghuda Singh was formal and hence it must be presumed that the adoption was a customary appointment of an heir and not a formal adoption under the Hindu Law. It was also held thatthere was overwhelming authority in favour of the proposition that by reason of a customary adoption, the adopted son and his descendants were not excluded from the right to inherit to collaterals in the natural family. The plaintiffs as grandsons in the male line of Ghuda Singh were entitled to inherit the estate. The appellants came to this Court by a certificate of fitness granted by High Court. |
Judge | Honble Mr. Justice J.C. Shah |
Neutral Citation | 1963 INSC 32 |
Petitioner | Arjan Singh And Ors. |
Respondent | Narain Singh & Ors. |
SCR | [1964] 2 S.C.R. 19 |
Judgement Date | 1963-02-12 |
Case Number | 223,224 |
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