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TANAJI JAMDADE (LAWYER)     06 December 2025

Whether son can ask for partition against his father during the lifetime of father in ancestral pro?

I have one querry regarding whether the son can ask for partition against father during the lifetime of father in ancestral property?

If yes then what is the relevant provision and case laws for it. Pls guide me.



 3 Replies

Advocate Bhartesh goyal (advocate)     06 December 2025

Yes, A son has coparcenary right from birth, he can claim his share in the ancestral property even during his father's lifetime  by filing a partition suit. 

kavksatyanarayana (subregistrar/supdt.(retired))     06 December 2025

Yes.  You can file a partition suit for your share in the ancestral property during your father's lifetime.

T. Kalaiselvan, Advocate (Advocate)     07 December 2025

A son can seek partition of ancestral (coparcenary) property during the lifetime of the father.


This is because in a Hindu Undivided Family (HUF), ancestral property is coparcenary property, and every coparcener (son, daughter, father, etc.) has:
A birthright in the ancestral property, and a  right to demand partition at any time. This right exists independently of the father.


In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
The Supreme Court held that coparcenary rights arise by birth, not by the father’s death. Therefore, a coparcener (son/daughter) can seek partition even when the father is alive.


In Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, AIR 1978 SC 1239
Reiterated that a coparcener’s share is not dependent on the father being alive or dead.  Partition can be claimed at any time.


In  Puttorangamma & Ors. v. Rangamma & Ors., AIR 1968 SC 1018
Supreme Court held that a son has the right to demand partition in joint family property.


In Kalyani v. Narayana, (1980) 2 SCC 1
Confirms that the father is not the absolute owner of coparcenary property.
All coparceners have equal rights.


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