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Supreme Court Of India

(From: AIR 2006 Sikkim 25)

Hon'ble Judge(s): Abhay Manohar Sapre, S. Abdul Nazeer , JJ

(A) Hindu Succession Act (30 of 1956) , S.6, S.8— Devolution of coparcenary property - Suit for declaration that settlement deed executed between defendants exchanging properties is invalid - Property in question, ancestral property falling to share of defendant on partition retaining character of coparcenary property - Plaintiffs being his sons and grandsons have right in said property - Suit filed by plaintiffs, maintainable. Property inherited by male Hindu from his father, father's father or father's father's father is an ancestral property. Essential feature of ancestral property, according to Mitakshara Law, is that sons, grandsons, and great grandsons of person who inherits it, acquire an interest and rights attached to such property at moment of their birth. Share which coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. After partition, property in hands of son will continue to be ancestral property and natural or adopted son of that son will take interest in it and is entitled to it by survivorship. In present case, properties acquired by defendant in partition dated although are separate property qua other relations but it is coparcenary property insofar as his sons and grandsons are concerned. In present case, there is clear finding by trial court that properties are ancestral properties which ....