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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Neelam – Appellant
Versus
Sada Ram – Respondent


JUDGEMENT

Rajiv Sahai Endlaw, J.

1. This suit is predicated on the fact that the two plaintiffs have a share in the properties inherited by their grandfather (defendant No.1) from his own father. The entire case of the plaintiffs is that the said properties are thus 'ancestral properties' in the hands of their grandfather defendant No.1 and in which the father of the plaintiffs had a share by birth and which share, upon the death of their father devolved on the plaintiffs and their mother (defendant No.6). The plaintiffs thus claim partition. The defendants No.2 to 5 are the paternal aunts of the plaintiffs and the daughters of the defendant No.1. According to the plaintiffs, defendants No.1 to 5 have 1/6th share each and the plaintiffs and defendant No.6 together have remaining 1/6th share in the said properties.

2. It has at the outset been enquired from the counsel for the plaintiffs as to when the father of the grandfather of the plaintiffs died. He is informed to have died in the year 1974.

3. The Hindu Succession Act, 1956 enacted more than half a century ago did away with the concept of ancestral properties, as existed prior thereto. After the coming into force thereof,

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