AIR 1981 SUPREME COURT 1937 ::1981 (4) SCC 613

Supreme Court Of India

(From : AIR 1968 Pat 463)

Hon'ble Judge(s): D. A. Desai, Anand Dev Koshal, R. B. Misra , JJJ

(A) Hindu Succession Act (30 of 1956) , S.5(ii), S.4— Section 5(ii) is exception to Section 4 - Bengal Regulation 10 of 1800 keeping alive custom as to rule of primogeniture - Section 5 (ii) did not cover such custom. Hindu Law - Succession - Rule of primogeniture. Section 5 (ii) of Hindu Succession Act protects an estate which descends to a single heir by the terms of any covenant or agreement entered into or by the terms of any enactment inasmuch as Hindu Succession Act is not applicable to such an estate. This section stands as an exception to Section 4 of the Act.(Para 15) Bengal Regulation 10 of 1800 did not by its own force declare that any estate would descend to a single heir. All that it did was to keep alive the custom sanctioning the rule of primogeniture entailing impartibility of the estate. The rule of custom was thus recognised as such and no estate by the terms of the Regulation itself was made to descend to a single heir. In this view of the matter Section 5 (ii) of the Hindu Succession Act does not cover such a custom.(Para 18) (B) Bihar Land Reforms Act (30 of 1950) , S.6— Scope of - Intermediary in possession in representative capacity on behalf of other coparceners - Death of intermediary - Interest devolved on other....