AIR 1964 SUPREME COURT 118

Supreme Court Of India

(From : Andhra)*

Hon'ble Judge(s): P. B. Gajendragadkar, M. Hidayatullah, J. C. Shah , JJJ

Hindu Law - Impartible estate - Estate impartible by custom devolving by primogeniture - Incidents of - Junior members - Rights of - Acquisitions or accretions - Doctrine of incorporation - Principle if applies to movable property (Jewels) - Holder's power of alienation - Restrictions on - Position in Madras - Proof of family customs to treat movables as impartibles - Abolition of Zamindari - Effect on family custom to treat movable property as impartible - Madras Impartible Estates Act (2 of 1904) - Madras Estates (Abolition aud Conversion into Ryotwari) Act (26 of 1948), S. 18 (4) -Custom - Proof - Family Custom. Evidence Act (1 of 1872) , S.13— Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.18(4)— Since the decision of the Privy Council in Shiba Prasad v. Rani Prayag Kumari, AIR 1932 P. C. 216 it must be taken to be well settled that an estate which is impartible by custom cannot be said to be the separate or exclusive property of the holder of the estate. If the holder has got the estate as an ancestral estate and he has succeeded to it by primogeniture, it will be a part of the joint estate of the undivided Hindu family. In the case of an ordinary joint family property, the members of the family can claim four rights : (1) the right of partition; (2) the right to restrain alienations by the head of the family except for....