The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on Appeal from the East Indies 1940-1941

The onus of proving the custom was on the respondents; they claimed that they were entitled to siicced to the exclusion of the daughters to the property in suit on the death of the widow because it was ancestral property. [...] The widow and daughters denied the claim on the grounds that the property was not ancestral and that the plaintiffs had no locus standi to sue because daughters succeeded to the non-ancestral property as.against collaterals especially " when the plaintiffs are collaterals of the tenth degree." The Subordinate Judge who tried the suit dismissed it holding that the plaintiffs were Salehon's c [...] For that "purpose one has to look to the history of the acquisition.of' " the village." The extraets from the settlement records relaing to the land in dispute which are a part of the evidence in this ease justify the -finding of the Subordinate Before examining the questions and answers in Wilson's Manual it will be useful to ascertain the customary rights of daughters against collaterals [...] 92) that " the general custom of the province (the Punjab) is that a " daughter excludes collaterals in succession to self-acquired " property of her father " and " the initial onus therefore is on " the collaterals to show that the general custom in favour of " the daughter's succession to the self-acquired property of " her father has been varied by a special custom excluding the " daughters." [...] v. Ms& Shafffon (3) remarked that though the entry in the riwaj-i-am raised a presumption in favour of the custom recorded therein it was clear that (4) " the general custom "of the province favours the succession of the daughter to " the acquired property of her father in preference to " collaterals vide Rattigan's Digest of Customary Law para.