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Whether Section 8 of Hindu Succession Act Sounds the Death Knell of Coparcenary Property for the Descendants

By M.M. Bhalla

Published In

Air 1994

In large number of cases, original landowners i.e. Kartas of the coparcenary properties have died after 1956 and mutations and succession of such males have been generally decided accordingly to the provisions of Section 8 of the Hindu Succession Act in which property is divided in the class I heir of such deceased Karta of the coparcenary properly. In number of cases question had been raised on behalf of grandsons that the property in the hand of their grand-father when the grand-father had died after 1956 should devolve upon according to survivorship for their benefits also but their claims have been declined in view of application of Section 8 of Hindu SuccessionyVct. Such points have gone up to Hon'bte Supreme Court of India and in case Commissioner of Wealth-tax, Kanpur v. Chander Sen reported in AIR 1986 SC 1753 the Hon'ble Supreme Court of India had held that Section 8 of Hindu Succession Act had modified old Hindu Law and as such property inherited by son from his fa ....

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