AIR 1954 ORISSA 142

Orissa High Court

Hon'ble Judge(s): Panigrahi , C.J. AND Mohapatra , J

(A) Hindu Law - Impartible estate - Succession - Unprotected thikedars - Applicability of S.109, C.P. Land Revenue Act. C.P. Land Revenue Act (2 of 1917) , S.109— Succession to impartible property is governed by the ordinary Hindu law of succession applicable to partible property, except to the extent modified by custom.(Para 3) It is also settled law that when impartible property passes by survivorship from one line to another, it devolves not on the coparcener nearest in blood, but on the nearest coparcener of the senior line :(Para 4) Section 109, C.P. Land Revenue Act, does not apply to the case of succession to unprotected Thikadari villages. Even the principle embodied in S. 109 which is a statutory enactment not based on custom does not apply to the case.(Para 3) (B) Hindu Law - Impartible property - Separation - Right to property when lost. In order to establish that a family has ceased to be joint it is not sufficient to show separation in food and worship merely. The impartible estate still retains its character of joint family property and its devolution is governed by the general Mitakshara law applicable to such property. Though the other rights which a coparcener acqu....