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Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Kurian Joseph, R. F. Nariman , JJ

Hindu Succession Act (30 of 1956) , S.6, S.8— (Prior to 2005 amendment) - Devolution of interest in coparcenary property - Grandson whether has right by birth in property of grandfather - Partition suit by grandson during life time of @page-SC1170his father - Maintainability - Death of grandfather in 1973 - His widow, class I heir alive - Case would be governed by Proviso to S. 6 - Partition gets effected by operation of law in view of Expln. 1 to S.6 - Ancestral property ceases to be joint family property from date of death of grandfather - And devolves by succession u/S. 8 - Other coparceners i.e. plaintiff/grandson's father and uncles and widow of deceased grandfather, hold property as tenants in common - Plaintiff/grandson born in 1977 after death of grandfather - Suit for partition by him - Not maintainable, inasmuch as on date of his birth in 1977 said ancestral property is not joint family property. (Para 15 20 21) .....