Law:

Section:

Custom (Punjab)-Acceleration of succession-Surrender-­Must be total, i.e., of the whole estate, bona fide, and must be to all the heirs, in order to be operative. A surrender must be total and not partial. The neces­sary conditions of acceleration or surrender are that the whole of the property which was held by the person who wants to surrender the estate should be transferred and the transfer should be to all the heirs. The principle underlying these con­ditions is that in the case of a surrender the alienor operates his own death. Where a widow had made a gift of proprietary land of her late husband to their daughter, and, gift of land held in occupancy was not proved ; besides, a house held by the widow in life estate was not gifted to the daughter, the daughter's plea of acceleration of succession, put forward by her in answer to a suit for possession of their shares by the collaterals, was rejected, both because the gift was not of the entire estate and was, not in favour of all the heirs. The retention of any part of the property held in life estate, whether. it be a house or a movable, is inconsistent with the operation of death by the widow and is an obstacle to a surrender. The surrender must be total and it must be bona fide. Rangasami,Gounden v. Nachiappa Gounden I L R 42 Mad. 523 ; dagtar Srngh v. Raghbir Singh A I R 1932 Lah. 85 ref. Vytle Sitanna v. Narivada Viranna .148 I C 828 ; Chowdhury Sureshwar Misser v. Mst. Maheshrani Misrain 57 I C 325 ex­plained and distinguished. JUDGMENT B. Z. KAIKAUS, J.-One Allah Ditta son of Qutab was the owner of 95 kanals and 2 marlas of land in village Khai Kotli, District Jhelum, and also held 27 kanals and 3 marlas of land in occupancy right. He died on the 11th of May, 1928 without any male issue and his; land was mutated in the name of Mst. Said Bibi, his widow. Mst. Said Bibi made a gift of the proprietary land in favour of the only daughter of Allah Ditta and herself, Mst. Misri Bano by name. a mutation in respect of which was sanctioned on the 28th of May, 1947. A mutation of the land held in occupancy right was also entered but was disallowed. On the 25th of Sep­tember, 1951, Mst. Said Bibi died. The…

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