14353/2019], the petitioner sought partition of his father's ancestral
properties, and suit was filed in 2001. The trial court granted ... coparcener in her rights. They were unable to inherit
the ancestral property like sons/male counterparts. The Mitakshara
coparcenary law not only contributed to discrimination
against the defendants for
their 1/4th share each with respect to ancestral
property which had been given to the first
defendant ... said
second marriage would not be entitled to any share
in the ancestral property of the first defendant as
they were not coparceners.
4. However
possession of a family from time immemorial-Presumption
whether it is ancestral-Adoption-Rights acquired by adoptive
son relating back to date of death ... establishing self acquisitions that had been
discharged by proof and the ancestral lands were intact and
the income derived therefrom must have been utilized
there is no such custom entitling
her to an absolute estate in ancestral property. [160 D-E]
In the present case, the share allotted ... mother by the
preliminary decree was out of ancestral property, and
therefore, the appellant could not take advantage of the
sale of that share
said that
there was dearth of the accommodation in the ancestral
house. It is true that the appellate authority had proceeded
on the basis that ... sons
including the respondent and
522
his family in the ancestral house. But assuming that even if
we take into consideration the chamber
contest an alienation of non-ancestral immoveable property
on the ground that such alienation is contrary to custom.
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Appeal (Civil Appeal ... agriculturists governed by the customary
law in matters of alienation of ancestral property and
succession, and that as a sonless proprietor under this
Section 53 in The Code of Civil Procedure, 1908
53. Liability of ancestral property .-
For the purposes of section 50 and section 52, property
from his father Mohar Singh and as such
the same was ancestral in his hands. It is further alleged by
the plaintiff that the deceased ... matter of alienation and succession
whereby he could not bequeath the ancestral property. It was
further pleaded that no Will was executed by the deceased
share was separate property of
Babu Ram and 4/5th share was ancestral property in the hands of
Babu Ram qua the plaintiffs. The issue ... nature of the property must be recorded as Hindu
Coparcenary and ancestral property, it was stated that the law applicable
before the Act came into
Hindu law-Gift-Property gifted by father to son-Whether
ancestral property in the hands of son-Construction of will-
Presumptions.
HEADNOTE:
Property gifted ... father to his son could not become
ancestral property in the hands of the son simply by reason
of the fact that
