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Sanjay Bhardwaj
in Family Law
Asked June 19, 2017

Son's claim on ancestral property in father's lifetime

  • 1 Answer

Can a son claim on ancestral property during life time of father if son is without roof. How the Supreme court orders dated 16 mar 2016 in case of Uttam versus Saubhag will effect it?

Answer 1




Dear Sir/madam,

Section 6 of the Hindu Succession Act, 1956 explains the Devolution of interest of coparcenary property, it says – “When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary”. Meaning thereby (in this particular case) that the son has equal share and rights in the property as any other member of the coparcenary.

Had it been your grandfather’s self acquired property, you or your father does not stand a chance for demanding a partition in it. One can only derive a claim in the property only and only if it is not the property of the grandfather alone and the same has been devolve upon him from his forefathers.

In addition to filing a suit for Partition, you also have the remedy to file an application of temporary injunction  in order to protect your rights in the property, until the final disposal of the suit of partition.

The case and facts of Uttam Vs. Saubhag & Others does not affect you in any manner because as per the facts of the case the granson was born in 1977 by the time the grandfather had already died in 1973. Which suggests that as and when the grandfather dies, the ancestral property devolves upon his immediate successors or if the partition had already taken place by then, then accordingly gets distributed. Now the jist of the matter is that after the death of the grandfather, the property devolves to his son i.e. your father therefore, in that particular condition the son’s rightful claim arises from the ancestral property rights with the father and not the grandfather.



Agree Comment 0 Agrees almost 4 years ago

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