2013 (4) ADR 1 ::(2013) 203 DLT 621 ::(2014) 2 JCR 38 (DEL) ::(2014) 133 AllIndCas 551 (DEL)

Delhi High Court

Hon'ble Judge(s): Rajiv Sahai Endlaw , J

( A ) Hindu Succession Act ( 30 of 1956) S. 6 , 8 — Suit for partition — Residential house — Share of widow and child of deceased male heir — Father of deceased inherited house from his father with condition that his own male progeny would also have share in it by birth — Fact that deceased was not born when property was inherited by his father from his ancestors prior to coming into force of Act would not affect share of deceased in property — There were 7 co-sharers of property including father, 3 sons and 3 daughters, deceased being one of sons — Deceased’s share was 1/7th — Widow and child entitled to 2/3rd of said share of deceased after allotting 1/3rd to mother of deceased. AIR 1986 SC 1753; AIR 1966 SC 1879, (2006) 8 SCC 581, AIR 2009 SC (Supp) 1218 and AIR 2012 SC 169, Relied on. (Paras131522)