Bhaiya Janki Pershad Singh vs Bhaiya Dwarka Pershad Singh on 10 June, 1913
29. Unless there be a custom by which self-acquired properties in a Mitakshara family become part of the ancestral estate, 01 unless it be shown that the person acquiring the same intended to incorporate such acquisitions with the estate, they descend by the ordinary law of inheritance. For example, where the owner of an ancestral impartible estate possessed also of self-acquired properties, dies leaving lineal male descendants, as the inheritance is " unobstructed," both classes of property go to them; supposing, however, he were to die leaving no male progeny in the direct line, but a widow and a divided agnatic relation, in the absence of a custom the self-acquired property would go to the widow, whilst the estate would devolve on the agnatic heir. The onus of establishing a custom dehors the ordinary rule in such a case would lie on the person asserting it. This was the principle on which their Lordships proceeded in Janki Pershad Singh's case.