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May 2014

Hindu Undivided Family – Not in existence prior to the coming into force of Hindu Succession Act, 1956 – Suit for Partition – Suit not maintainable

By Dr. K. Shivaram Senior Advocate; Ajay R. Singh Advocate
Reading Time 1 mins
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Sushant vs. Sunder Shyam Singh AIR 2014 (NOC) 90 (Del.)

A Hindu Undivided Family was not in existence prior to the Hindu Succession Act coming into force. The Properties in question, inherited by the deceased owner on the demise of his father, would become his persona properties. The son of the deceased owner would not acquire any coparcenary share in the properties till the owner was alive. The suit property would devolve on the son of the deceased in his individual capacity on the death of the owner. Therefore, the claim of the grandson of the deceased for partition of suit properties on the grounds that the same were ancestral, was held not maintainable.

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