Supreme Court · 2007 INSC 654 · Decided 18 May 2007
SMT. Ass Kaur (Deceased) BY L.RS. v. Kartar Singh (Dead) BY L.RS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 654 · [2007] 7 S.C.R. 670
- Case number
- CIVIL APPEAL No. 12395/1996
- Decided
- 18 May 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 57; Hindu Succession Act; Succession Act
Headnote
Customary laws-Sidhu Jats governed by Zimindara customs-Widow , marrying her first husband's brother who was already married-Inheritance and succession under the 1929 Act and 1937 Act-Applicability of customary .., c laws--Held: Customary law would prevail over the statutory law since its on the death of one of the co-widow the other surviving widow' would take the property by survivorship-Act of 1929 being subject to the applicability of customary law, daughter of the deceased widow has no right of succession D in preference to her step mother-Widow married her first
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