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
properties were not ancestral properties at all but
were self-acquired properties, except for one
property which was ancestral. Further, the first
2
defendant also ... advisedly used the word "property" and has not
qualified it with either self-acquired property or
ancestral property. It has been kept broad
properties which had devolved on him as
heir. They denied that those properties had been blended
with the joint family properties.
Both the Courts below ... ancestral would have been made out. But that has not been
done, and the presumption in favour of their being ancestral
property stands unrebutted
such custom entitling
her to an absolute estate in ancestral property. [160 D-E]
In the present case, the share allotted to the mother ... preliminary decree was out of ancestral property, and
therefore, the appellant could not take advantage of the
sale of that share by the mother
Code of Civil Procedure, 1908
53. Liability of ancestral property .-
For the purposes of section 50 and section 52, property in the hands
nature of the property.
Having held that the nature of the property must be recorded as Hindu
Coparcenary and ancestral property, it was stated that ... their separate
property. All property which is not held in coparcenary is separate
property and Hindu law recognizes separate property of individual members
regarded as
ancestral or self-acquired properties in his hands. If the
properties were ancestral, the sons would, become co-owners
with their father ... become ancestral property in his hands. The property of the
grandfather can normally vest in the father as ancestral
property if and when the father
family, and if he obtains property on partition with
his father and brothers, that property becomes the ancestral
property of his branch ... because that interest was,
on assumption, their ancestral property. But even though the
property was ancestral, the income which they received from
it was treated
share in such properties. The case in the plaint was
that items 1 and 2 of the schedule properties were ancestral
and all the remaining ... suit) conceded that items 1 and 2 were ancestral
properties but claimed that items 3 to 6 were the self-
acquired properties of Hiri. They
share of his
ancestral land to one S. Under the Punjab, Customary Laws
females could not challenge a sale of ancestral property by
a male ... Punjab the wife and the
daughters of a holder of ancestral property could not sue to
obtain a declaration that the alienation of ancestral
property
