In Brief
Dr. B.C. Singh jointly purchased Capel Cottage with his wife, Dr. S.L. Singh, an Indian Christian. After Dr. S.L. Singh died intestate without children in 1976, Dr. B.C. Singh sought eviction of defendant J.M. Utarid, who claimed to be the intestate's distant kindred and asserted a share in the property. The High Court allowed the defendant's claim. The Supreme Court reversed this, holding that under the Indian Succession Act's succession rules, nearer kindred (here, the intestate's sister Ida Utarid) exclude distant kindred. The defendant, being a distant relative, had no succession right. The surviving husband retained 3/4 of the property; the remaining 1/4 would devolve to the nearest kindred, not distant relatives.
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