AIR 1954 AJMER 69

Ajmer High Court

Hon'ble Judge(s): Nigam , J

(A) Hindu Law - Ancestral property - What is. Any property inherited by a Hindu, subject to the Mitakshara School of law, from any of his three ancestors, that is the father, grandfather or great grandfather would be ancestral property, if at the time he succeeds to it, there is in existence any son or grandson, who is entitled to share in the property by virtue of his having been born in the family. (B) Hindu Law - Ancestral property - Alienation - Setting aside of sale - Refund of purchase money. Where a sale-deed of an ancestral property executed by the father is set aside at the instance of the son as not binding on him, the defendant is not entitled to a refund of his consideration as a condition precedent to the delivery of possession to the plaintiff. He must file a separate suit for the same.(Para 4)