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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Quick Summary

This discussion explores the rights of an after-born son concerning property received by his father through a Hindu Undivided Family (HUF) property partition. The key question is whether such a son, born after the partition, can claim a share in the property during his father's lifetime. It also addresses whether the father can bequeath this property to individuals other than his son, considering the property was acquired and partitioned post-1956.

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.