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Rakesh Shekhawat (Advocate)     24 April 2009

Does son'son have any right in ancestral property.

Does son' son have any right in ancestral property during the life time of father.Please tell me any latest  judgement of Supreme Court on this issues.


 3 Replies

Y V Vishweshwar Rao (Advocate )     26 April 2009


There is  no doubt , the Son's Son  has his own right in the Ancestral Proerty,  right by birth  , even durign the life time of  his Father , only the thing is how he wants excercise his  rights    it should not  be harmfull to the Ancestral Proeprty  &  Family interest .

with regard !

IKGoyal Advocate (Legal)     26 April 2009

News flash ---  Daughter and Daughter's daughter  has right too now in ancestral Proerty

Rakesh Shekhawat (Advocate)     27 April 2009


Dear , Though under traditional Hindu Law, from the moment a son is born, he gets a share in his father’s ancestral property and becomes a coparcener, on accrual of that right by his birth in the family, that position is affected and modified by Section 8 of the Hindu Succession Act, 1956. Consequently, the property of the father who had separated from his family, on his death will be inherited and held by his sons in their individual capacity and son’s son/sons will have no right therein as coparceners.

In AIR 1986 SC 1753 supreme cort held that ancestral property inherited by son on the death of his father shall be treated as his separate property - His son is not entitled to a share in it by birth.

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