1987 INSC 0371
Bakhtawar Singh and Others

v.

Jiwan Singh and Others

(Supreme Court Of India)

HON'BLE JUSTICE K. JAGANNATHA SHETTY HON'BLE JUSTICE O.
CHINNAPPA REDDY

Civil Appeal No. 211 Of 1973 | 31-07-1987

1. In Kaur Singh v. Jaggar Singh (AIR 1961 Punj 489 : 63 Punj LR 537), it was
held by a Division Bench of the Punjab and Haryana High Court consisting of
D. K. Mahajan and I. D. Dua, JJ., that in Punjab, a Hindu who is governed by
the customary law has no absolute power to dispose of by will his ancestral
immovable property. This decision has been affirmed by a Full Bench Decision
of the Punjab and Haryana High Court in Joginder Singh v. Kehar Singh (AI
1965 Punj 407 : 67 Punj LR 700 : ILR (1965) 2 Punj 438). These decisions have
held the field in Punjab for nearly a quarter of a century and we see no reason to
take a different view in the present case, as at present advised. The appeal is,
therefore dismissed. No costs. We are grateful to Mr. R. S. Narula, who at our
request appeared before us to assist us.

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