AIR 2001 (NOC) 58 (MAD) ::2001 A I H C 1995 ::(2002) 1 HinduLR 322

Madras High Court

Hon'ble Judge(s): M. Chockalingam , J

(A) Hindu law , — Joint family property - What is - Ancestral property coming to hands of a person on a partition with his co-sharers - Still retains the character of ancestral property - His sons acquire their interest therein by birth - Merely because the properties were allotted to the person along with an obligation to discharge some family debts, the properties would not become his separate properties. (Para 14 15) (B) Hindu Succession Act (30 of 1956) , S.6— Joint family property - Partition - Father was having four sons four daughter and wife - Father and his sons, constituted a coparcenary in which sons acquired right of 4/5th share - Undivided 1/5th share would fell to the share of father - Death of father - His 1/5th share would be divided between his widow, four daughters and four sons - Hence one daughter would be entitled to 1/9th share in undivided 1/5th share of father - The property would include land and superstructure standing thereon both. (Para 17 18) .....