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Sanjeev (Owner)     08 July 2014

Apex court inherited property

I read this on the Forum :

"

The Apex Court has held that the son inheriting the property from his father, grandfather or great grandfather, under the HSA 1956 would take it as his exclusive or absolute property, with no right of his male descendants over it. In other words, it has been held that the property so inherited would be his personl property and not coparcenary property.

"
 
Can someone post the citation?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 July 2014

The ancestral property in the hand of male coparcener shall again be divided and allotted with an equal share between his children, it extinguishes in the hands of coparcener daughter, but it continues with the son.  What is your exact query, how are you related to it?, please furnish details so that you will get proper opinion or else consult a local lawyer who will be able to clarify all the issue involved in it.

Advocate Ravinder (Advocate/Attorney)     09 July 2014

The property fellen on your name is ancestral in nature.  Hence, your children will have right on it.  They can file a partition suit against you for their share of property.


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