Aditya Murgai vs Ashok Murgai on 14 December, 2001
In FAO (OS) 553/2001, Master Aditya Murgai v. Ashok Murgai, disposed of on November 1, 2002, it was observed by the Division Bench that it is settled law that on partition of a coparcenary property, the property falling into the share of each coparcener assumes a dual character. It was further observed that it becomes his separate and individual property qua other coparceners with whom partition has taken place, but as regards his own male lineal descendants it retains the character of ancestral property and, therefore, a son, grandson born before/or after partition, take a share in the property by birth. Therefore, in the present case whatever share the plaintiff may have in the property could be claimed only through his father, defendant No.3.