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1 - 10 of 24 (1.14 seconds)Section 8 in The Hindu Succession Act, 1956 [Entire Act]
Arshnoor Singh vs Harpal Kaur on 1 July, 2019
Besides, it is absolutely immaterial
whether the sons were born to the
inheritor before or after the inheritance
fell in But if the property is inherited
from a paternal ancestor beyond the
third degree then the property is not
ancestral as against the inheritor's
sons, and the inheritor has absolute
powers of disposal over it.”
14.5. Recently, the Hon'ble Supreme Court of India in Arshnoor
Singh Vs. Harpal Kaur and Ors. (cited supra), in paragraph Nos.7.3 to 7.6,
held as follows:-
Vineeta Sharma vs Rakesh Sharma on 11 August, 2020
In view thereof, I answer the point No.1 for consideration that the
suit property is undivided Hindu joint family property of Thulasi Sah and
the plaintiffs and the defendants herein in view of the Judgment of the
Supreme Court of India in Vineeta Sharma Vs. Rakesh Sharma (cited
supra), all his seven children being the coparceners became entitled for 1/8 th
share each and the 1/8th share of Thulasi Sah devolved on 7 his seven
children his wife and since, she died intestate, all the seven children get 1/7th
share each in the suit property.
S.Dakshina vs Chinnaponnu on 17 September, 2012
This Court explained the concept of ancestral property in its
judgment in S.Dakshina Vs. Chinnaponnu and Ors.13, in paragraph No.10,
as follows:-
P.M.Mani vs P.S.Mohankumar on 12 June, 2002
12. The learned Senior Counsel also relied upon the judgment of this
Court in P.M.Mani Vs. P.S.Mohankumar and Ors.8 that the claim
regarding ancestral property should be specifically proved, more-fully
relying upon paragraph No.20 of the said judgment.
Vairavan Chettiar Represented By ... vs Srinivasachariar on 14 February, 1921
The learned Senior
Counsel also relied upon the Full Bench Decision of this Court in Vairavan
Chettiar, represented by Ramasami Chettiar Vs. Srinivasachariar 9, for the
proposition that son acquires no legal rights over his father's self-
6 AIR 1979 Mad 1
7 (2018) 3 SCC 117
8 AIR 2002 MADRAS 402
9 XIII L.W. 475
https://www.mhc.tn.gov.in/judis
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A.S.No.429 of 2016
acquisitions and there can be no coparcenary between father and sons
regarding self-acquired property.
Surjit Lal Chhabda vs Commissioner Of Income Tax, Bombay on 6 October, 1975
https://www.mhc.tn.gov.in/judis
11/27
A.S.No.429 of 2016
14.1. A joint Hindu family consists of persons lineally descended
from a common ancestor and includes their wives and unmarried daughters.
The daughter, on marriage, ceases to be a member of her father's family and
becomes a member of husband's family. Thus, the joint Hindu family is
thus a larger body consisting of a group of persons who are united by the tie
of sapindaship arising by birth, marriage or adoption. (Paragraph No.13 of
Surjit Lal Chhabda Vs. CIT10)
14.2. Coparcenary is a narrower body than the joint Hindu family.
Before the commencement of the Hindu Succession (Amendment) Act,
2005, only male members of the family used to acquire an interest in the
coparcenary property by birth. After the Amendment Act, 2005, even the
daughters are also coparceners. A coparcener has no definite share in the
coparcenary property, but, he has an undivided interest in it and the interest
enlarges by deaths and diminishes by births in the family. It is not static.
Rohit Chauhan vs Surinder Singh & Ors on 15 July, 2013
(Paragraph No.11 of Rohit Chauhan Vs. Surinder Singh11)
14.3. The coparcenary property consists of ancestral property and the
separate property of the coparceners thrown into common coparcenary
stock. The term "ancestral property" is not defined in any Act. The
10 (1976) 3 SCC 142, 149
11 (2013) 9 SCC 419
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A.S.No.429 of 2016
property inherited by a male Hindu from his father, father's father or father's
father's father is an ancestral property. The essential feature of ancestral
property, according to Mitakshara Law, is that the sons, grandsons, and
great grandsons of the person who inherits it, acquire an interest and the
rights attached to such property at the moment of their birth. The share
which a coparcener obtains on partition of ancestral property is an ancestral
property as regards his male issue. After partition, the property in the hands
of the son will continue to be the ancestral property and the natural or
adopted son of that son will take interest in it and is entitled to it by
survivorship.