BHANWAR SINGH versus PURAN AND ORS.

BHANWAR SINGH versus PURAN AND ORS.

As per Section 8 and Section 19 of the Hindu Succession Act, 1956, after the death of the appellant's paternal grandfather, his property devolved on his son and daughters as tenants in common, each taking a 1/4th share. The coparcenary did not continue and appellant's father had the requisite right to transfer the property in his share. Alienations made by the father were valid as property was not joint family property at the relevant time.

Parties
Appellant: Bhanwar Singh; Respondents: Puran and Ors.
Jurisdiction
India
Judgment Date
12 February 2008
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
Appeal dismissed
Legal Topics
Hindu Succession Act, Coparcenary, Partition, Alienation of Property, Legal Necessity, Inheritance
Succession Property Law Hindu Law Hindu Succession Act Coparcenary Partition Alienation of Property Legal Necessity +1 more

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Parties

Bhanwar Singh

Appellant

Puran and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether property inherited by appellant's father and sisters from grandfather retained character of joint family property
  2. 2 Whether alienation by appellant's father of his share was valid despite subsequent birth of appellant

Ratio Decidendi

As per Section 8 and Section 19 of the Hindu Succession Act, 1956, after the death of the appellant's paternal grandfather, his property devolved on his son and daughters as tenants in common, each taking a 1/4th share. The coparcenary did not continue and appellant's father had the requisite right to transfer the property in his share. Alienations made by the father were valid as property was not joint family property at the relevant time.

Court Disposition

Appeal dismissed

Orders

  • There shall be no order as to costs