Yuvraj vs Ask on 20 July, 2010
With
this, we pass on to the next question whether the primogeniture
lapsed in the years 1947-48? It is the contention of the respondents
that Pratap Singh ceased to be governed by primogeniture on August
15, 1947 and, in any case, on August 20, 1948 when he ceased to be a
sovereign. It is true that there was no Rulership after India became
a Republic on January 26, 1950 but if the estate is impartible in
nature it would continue to be governed by the rule of
primogeniture. We will refer to Thakore Shri Vinayasinhji Vs.
Kumar Shri Natwarsinhji (
1988(Supp) SCC 133). At page 134 it is stated thus: