In Brief
A grandson filed a suit seeking partition of ancestral joint family property during his father's lifetime, claiming a one-eighth share as a coparcener under Hindu law. The trial court decreed the suit, finding the property ancestral and no prior partition. However, the appellate courts reversed this, holding that since the grandfather died in 1973 with a surviving widow (Class I heir), his interest devolved under Section 8 of the Hindu Succession Act, 1956 by intestate succession, not survivorship. This caused the joint family property to cease being joint property and become held as separate shares by tenants in common. The Court upheld this dismissal, ruling that a grandson born in 1977 acquired no birth right in property that was no longer joint family property, and could not sue for partition during his father's lifetime."
The lawyer headnote and full judgment text are available to registered users.