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Articles tagged #PartitionSuit
Property Inherited After Partition Under Section 8 Hindu Succession Act Is Self-Acquired; Son Cannot Sue Living Father for Partition: Supreme Court
Affirming the dismissal of a minor son's partition suit against his living father, the Supreme Court held that once ancestral property is partitioned, the divided share held by a male Hindu devolves under Section 8 of the Hindu Succession Act, 1956 as separate property, giving his son no birthright during his lifetime.
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Son Has No Right by Birth in Father's Partitioned Share: Supreme Court Dismisses Minor's Partition Suit Under Section 8 Hindu Succession Act
In J. Rajesh (Minor) v. M. Kumaran (Dead) & Others (2026 INSC 1208, decided on 06.11.2026), the Supreme Court affirmed that when property devolves upon Class I heirs under Section 8 of the Hindu Succession Act, 1956 and is partitioned, a son takes his divided share as absolute individual property and his son (grandson) acquires no right by birth during his father's lifetime.
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Unregistered and Insufficiently Stamped Release Deed Admissible for Collateral Purpose in Partition Suit Upon Impounding: Madras High Court
In Dilli & Others v. Jothi (CRP No. 4690 of 2026, decided on 03.11.2026), Justice N. Anand Venkatesh of the Madras High Court modified an order of the Sub Court, Chengalpattu, holding that while an unstamped document is generally barred under Section 35 of the Stamp Act, the Trial Court in a partition suit can impound an unregistered release deed, collect stamp duty with penalty, and admit it for collateral purpose.
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Registered Partition Deed Cannot Be Cancelled by Mere Allegation of Mental Illness: Madras High Court
The Madras High Court upheld a registered family partition deed after finding that the executant’s alleged mental incapacity was not proved. The Court also held that legal heirs challenging documents executed by their predecessor must seek cancellation and pay court fee on the document’s value.
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