JUDGMENT

Valmiki J. Mehta, J. (Oral)

1. This is a suit filed by the plaintiff- Master Sushant (minor) through his natural guardian and mother against his father Sh. Sunder Shyam Singh. The suit is a suit for partition and rendition of accounts.

2. As per the averments which have been made in the plaint, the plaintiff's father i.e the defendant received in his hands ancestral properties and therefore plaintiff becomes a coparcener and entitled to the share from the properties which have been inherited by the defendant-Sh. Sunder Shyam Singh from his father Sh. Joginder Singh. Admittedly, Sh. Joginder Singh/grandfather died on 14.11.1999.

3. Prior to passing of the Hindu Succession Act, 1956 if any person inherited ancestral properties, the ancestral properties in his hands automatically were HUF properties and to which the successors by four degrees automatically took a share. However, after passing of the Hindu Succession Act, 1956 merely because a person receives property from his paternal ancestors, the property in his hands is not an HUF property but the inheritance is as self-acquired property unless at the time of devolution there existed an HUF. The Supreme Court has