Case Note & Summary
The dispute arose over the inheritance of certain plots of land in Punjab following the death of Sahib Singh, the last male owner. After his death in December 1918, his widow initially inherited the property but lost it upon remarriage. The property then passed to Sahib Singh's mother, Kishen Kaur, who died in 1942. Disputes emerged between Sahib Singh's sister, Jeo, and his collateral, Ujagar Singh, regarding ownership. Jeo claimed her brother's property based on a special custom that favored sisters over collaterals, while Ujagar Singh relied on a general custom that excluded sisters from inheritance. The Subordinate Judge and District Judge ruled in favor of Ujagar Singh, but the High Court reversed this decision, stating that the general custom was not proven and that Jeo had established her claim. Ujagar Singh appealed to the Supreme Court, arguing that the High Court erred in placing the burden of proof on him. The Supreme Court held that all customs must be proven unless they are recognized by the courts, and found that Ujagar Singh failed to prove the general custom he relied upon. The court also noted that even if Jeo did not prove her custom, she was entitled to inherit under Hindu law, which applies to the parties. The appeal was dismissed with costs.
Headnote
A) Customary Law - Proof of Custom - Burden of Proof - Indian Evidence Act, 1872, Section 57(1) - The court held that all customs, including general customs, must be proved unless they have been recognized by courts to the extent that they can be taken judicial notice of. The appellant failed to prove the general custom he relied upon, while the respondent successfully proved her special custom. (Paras 1-2). B) Inheritance Rights - Sister's Rights - Hindu Law - Hindu Succession Act, 1956 - The court concluded that even if the respondent did not establish her claim based on custom, she was entitled to inherit under Hindu law, which applies to the parties. The court emphasized that the personal law governs succession unless modified by custom. (Paras 3-4).
Issue of Consideration
Whether a sister is a preferential heir to her brother's self-acquired property over collaterals under the customary law of Punjab.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the respondent was entitled to inherit the property based on her established custom and under Hindu law.
Law Points
- customary law
- proof of custom
- preferential heir
- Indian Evidence Act
- 1872
- judicial notice
