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K.C.Suresh (Advocate)     22 October 2008

No such in Kerala

Shree. ( Advocate.)     22 October 2008

Dear Vikas Garg,


A khana-damad is a man who marries the daughter of a sonless proprietor and, instead of taking the girl away to his own house lives on with her in her father’s house performing services for him' helping "to manage. his property, and generally making up the position of a. son .(1). As observed by Gordon Walker, J. in Mst. Lado v. Nabr Baksh (2), "there is no recognized custom in the Punjab according to which mere residence of a daughter and her husband in the house of her father from the day of her marriage, there Being also sons, would confer on the daughter and her sons any right of successions. The essential feature of the custom of-khana-damadi appears to be tha1. in default of male issue a proprietor may take his daughter and  her husband to live with him in order to apply the want of male issue. It seems to me quite inconsistent with the idea underlying the custom of khana-dazmadi that a daughter and her sons should be able to acquire any rights of succession in the presence of sons."


 


Again, it was observed in Nanda Singh v. Kheta (1)-"The custom of khana-damadi is designed to benefit the daughter and her issue, Mst. Ramln the daughter died many years ago and Kharku her husband  succeeded to the property for life on the equivalent of a widow's estate Mst. Raman left no issue. Male or female, and on Kharku's death it appears to us obvious that the property must revert by inherit rice to her own blood retaliates. Kharku was not her 'heir' by law or custom for anything beyond a. life-estate, and it is clear that if he were not. Her full heir, the sons of Kharku by another woman can have no right to. Succeed to their step-mother's property." Similarly, it was remarked In Fazal Ahmad v. Ditta (2)-"A khana-damad certainly does not rank as an: adopted son; .if he did, he would succeed to the whole estate and his sons by any wife would succeed after his death, no matter whether their mother was daughter of their father's adoptive father or not, whereas it is beyond dispute that if a khana-'damad had no sons by that wife who was daughter of the man who made him a khana-damad he certainly could not pass the estate to his sons by another wife. But to assume that because a khana-damad does not rank as an adopted son he can take nothing except what is expressly gifted him is wrong

VIKAS GARG (LAWYER)     22 October 2008

prabodh kumar patel (advocate)     22 October 2008

Ghar Jamai    in hindi................    domesticated son .....


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