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Articles tagged Ancestral Property
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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