1960 (5) TMI 40 - SC - Indian Laws

Court affirms daughters as preferential heirs under customary law, deems gift deed invalid for succession acceleration.

Jai Kaur and Ors. Versus Sher Singh and Ors.

The court upheld the High Court's decree in favor of the plaintiffs regarding non-ancestral property, ruling that under the customary law governing the ... - Issues Involved:1. Whether under the customary law governing the Jats of the Grewal got in Ludhiana, daughters or collaterals are the preferential heirs as regards non-ancestral property.2. Whether the gift deed executed by the widow in favor of her daughters constitutes an acceleration of succession permissible under the law.3. The applicability of Section 14 of the Hindu Succession Act, 1956, to the case.Issue-Wise Detailed Analysis:1. Preferential Heirs under Customary Law:The primary issue was to determine whether daughters or collaterals are the preferential heirs concerning non-ancestral property under the customary law governing the Jats of the Grewal got in Ludhiana. The appellants relied on Rattigan's Digest of Customary Law, which states that daughters are preferred to collaterals in the succession to non-ancestral property. The plaintiffs, however, relied on the Riwaj-i-am prepared at the revised settlement of 1882, which recorded that daughters do not succeed under any circumstances. The court emphasized the authoritative value of Rattigan's Digest and the initial presumption of correctness of the Riwaj-i-am. However, it concluded that the entries in the Riwaj-i-am did not refer to non-ancestral property and were, therefore, not relevant evidence to establish a custom among Grewal Jats entitling collaterals to succession to non-ancestral property in preference to daughters. Consequently, the court held that the customary law among the Grewal Jats of Ludhiana district, as recorded generally for the Punjab in Rattigan's Digest, prefers daughters over collaterals for non-ancestral property.2. Validity of the Gift Deed as Acceleration of Succession:The court examined whether the gift deed executed by the widow in favor of her daughters constituted an acceleration of succession permissible under the law. The doctrine of acceleration under Hindu law requires the surrender of the entire interest of the limited owner in the entire property to be effective. The court noted that the widow did not surrender her entire interest in the entire property, as she retained a portion of the property and gifted another portion to strangers. Therefore, there was no total effacement of the limited owner, and the gift deed could not be considered an acceleration of succession. The court held that the gift of non-ancestral property to the daughters was not valid beyond the widow's lifetime.3. Applicability of Section 14 of the Hindu Succession Act, 1956:The appellants argued that under Section 14 of the Hindu Succession Act, 1956, either the mother or the daughters had become full owners of the property, and thus the plaintiffs' suit should be dismissed. However, the court noted that the Hindu Succession Act was not in force when the written statement was filed or during the trial. Consequently, the defense under Section 14 was not raised, and no evidence was adduced regarding the facts material for its application. The court declined to consider the applicability of Section 14 in the present suit in a haphazard manner, leaving the matter open for future litigation if the appellants so desired.Conclusion:The court upheld the High Court's decree in favor of the plaintiffs concerning the non-ancestral property, dismissing the appeal. The court concluded that under the customary law governing the Grewal Jats, daughters are the preferential heirs to non-ancestral property. The gift deed executed by the widow in favor of her daughters was not valid beyond her lifetime as it did not constitute an acceleration of succession. The applicability of Section 14 of the Hindu Succession Act was left open for future litigation. The parties were ordered to bear their own costs throughout.