SAWAN SINGH Vs. STATE OF PUNJAB
HIGH COURT OF PUNJAB AND HARYANA
STATE OF PUNJAB
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(1.) This appeal is brought by the plaintiffs against an appellate decree of the District Judge of Karnal dated the 13th January 1951 confirming the decree of the trial Court dismissing the plaintiffs' suit.
(2.) The last male owner of the property, which is land measured 53 bighas was Hansa on whose death his widow Mst. Giani succeeded to the estate. She died on 23rd March 1946 amd it has been held by the Courts below that there are no collaterals and cognates in existence. It has also been found that the patti in which the land is situate is not a homogeneous one and the land is not ancestral and the suit of the plaintiffs was dismissed.
(3.) Counsel for the plaintiffs relies on two questions of the Riwaj-i-am of Tahsil Pipli of the year 1887.
Question No. 40 is as follows :-
"Q. 40. In what circumstances do daughters inherit ?"
The answer is -
"A. There is no custom and daughters have no rights. Only with the consent of the collaterals can the land be gifted to them.";
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