Uttam Vs. Saubhag Singh Ors.
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Head Note
The Hindu Succession Act, 1956 - Section 8
Ancestral Property - Joint Family Property - Partition suit - Death of 'J' in 1973 - On his death joint family property which was ancestral property in the hands of 'J' and the other coparceners, devolved by succession under Section 8 of the Act - This being the case, the ancestral property ceased to be joint family property on the date of death of 'J', and the other coparceners and his widow held the property as tenants in common and not as joint tenants - This being the case, on the date of the birth of the appellant in 1977 the said ancestral property, not being joint family property, the suit for partition of such property at the instance of appellant would not be maintainable.
Topic(s)-Hindu Succession - Partition - Ancestral Property - Joint Family Property - Property not Remained Joint Family Property so not Partition