Parvarish 20 July 2020

Hsa (1956) - partition of joint family / huf property

Hi, I have a very specific query;

Father (A) receives a property vide legal partition of Joint Family Property / HUF property.
1. Can an after-born son (S) of A, i.e. born after partition, claim a share in this property during the life-time of the father (A)?
2. Can the father (A) Will this property received vide partition to individuals other than his son (S)?
Clarification: All the events, that is, acquisition of property & partition of joint family property have taken place after passing of Hindu Succession Act, 1956.

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3 Replies

P. Venu (Advocate) 20 July 2020

To my knowledge, no is the answer. The property would be trated as self acquired and the son is only a legal heir, not a co-parcenor.

Dr J C Vashista (Advocate) 21 July 2020

Prima facie the property of A is self-acquired out of joint family property/ HUF property wherein son (S) of A is not a coparcener., hence can not seek partition/ share if A is unwilling to give to S.

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Parvarish 22 July 2020

Thank you Dr. JC Vashista ... Therefore, Hon'ble Supreme Court has committed an error in Shyam Narayan Prasad Vs. Krishna Prasad & Ors. (2018) 7 SCC 646 and in Rohit Chauhan Vs. Surinder Singh & Ors (2013) 9 SCC 419. The Rohit Chauhan judgment has anyways been over-ruled by Hon'ble Supreme Court in Uttam Vs. Saubhag Singh (2016) 4 SCC 68.