Law:

Section:

(a) Custom (Punjab)------ ------Succession-Widow, in presence of son by another wife inherits only rarely. A custom of inheritance by the widow in the presence of son (by another wife) is a rare custom and requires very strong proof. The mere mutation of land in name of widow is scant evidence of such a custom unless it could be shown that the land was not mutated in lieu of maintenance. (b) Custom (Punjab)------ ------Succession-Mother, or stepmother, succeeds to her son as the widow of her husband, but forfeits her inheritance on' re-marriage-Property becomes an accretion to estate of her husband-Correct position of mother's succes­sion indicated. The mother's right of inheritance to her son is only an appendage to the status of a widow. She succeeds really as the widow of her own husband and loses her right on re­marriage. Shiromani Parbandhak Committee v. Harcharan Singh A I R 1934 Lah. 1 ; Sundar Singh v. Mst. Jawala Devi A I R 1934 Lah. 205; Ibrahim and others v. Barkat and others 323 P L R 1913 ; Mst. Desi v. Lehna Singh 46 P R 1891 (F B) and Mst. Dhan Kaur v. Arjan Singh A I R 1928 Lah. 983 ref. The word "mother" as used includes a stepmother or a step grandmother. No proof of special custom is required that a another forfeits her right on re-marriage, inasmuch, as she succeeds as the widow of her husband. Mst. Kirpi v. Ramjas 153 P R 1889 ; Kanhaya Singh v. Mst. Premi 322 P L R 1913 Divan v. Hira Nand A I R 1923 Lah. 448 and Bishen Das v. Mst. Mansa Devi 47 P R 1914 considered. Lajwanti and others v. Safa Chand and others I L R 5 Lah. 192 mentioned. Property inherited by a widow as such becomes an accretion to the estate of her husband, the reason being that the widow is a representative of her husband. Lajwanti and others v. Sara Chand and others I L R 5 Lah. 192 ; Akhtar Abbas v. Nazar Abbas A I R 1946 Lah. 10 and Diwan Singh v. Natha Singh A I R 1937 Lah. 468 ref. Whether a female inherits property as the step-grand­mother or as a step-mother, she inherits it as the widow of her own husband and the property becomes an accretion to the estate of her husband. Hamira v. Ram Singh 134 P R 1907 distinguished. Correct position of mother's succession…

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