AIR 1953 SUPREME COURT 495 ::1966 MadLW 1072

Supreme Court Of India

(From Madras)

Hon'ble Judge(s): Mehr Chand Mahajan, B. K. Mukherjea, B. Jagannadhadas , JJJ

(A) Hindu Law - Mitakshara father Rights of disposing of immovab1e property. A Mitakshara father is not only competent to sell his self-acquired immovable property to a stranger without the concurrence of his sons but he can make a gift of such property to one of his own sons to @page-SC496 the detriment of another and he can make even an unequal distribution amongst his heirs. 20 All 267 (PC), Rel. on: 6 WR 71 (Cal.) ; 1 All 394, Ref.(Para 9) (B) Hindu Law - Mitakshara School Gift or will - property got under will of or gift by father - Property in the hands of legatee or donee is not ancestral 'ipso facto'.6 WR 71 (Cal), Overruled.(24) Mad 429; AIR 1944 Pat 298 (FB), Not approved. In view of the settled law that a Mitakshara father has absolute right of disposition over his self-acquired property to which no exception can be taken by his male descendants, it is not possible to hold that such property bequeathed or gifted to a son must necessarily, and under all circumstances, rank as ancestral property in the hands of the donee in which his sons would acquire co-ordinate interest.(Para 11) To find out whether a property is or is not ancestral in the hands of a particular person, n....