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Checking relevance for Gulamhussain Kutubuddin Maner VS Abdulrashid Abdulrajak Maner...
2000 0 Supreme(SC) 1096 : Under Mohammedan Law, a grandson can file a partition suit for his grandfather''''s property even when his father is alive, provided the gift to the grandson is invalid due to lack of proper guardianship. In the case at hand, the gift deed executed by the grandfather in favor of his minor grandson was held invalid because the mother (wife of the grandson''''s father) could not act as guardian to accept the gift on behalf of the minor son when the father was alive. The court ruled that such a gift is not valid under Mohammedan Law, and therefore, the grandson''''s claim to the property through the invalid gift was defeated. As a result, the estate of the grandfather remained undistributed, and the plaintiff-appellant (one of the sons of the grandfather) was entitled to file a suit for Letter of Administration and possession, which was held maintainable. This implies that a grandson may pursue a partition suit or claim over grandfather''''s property when the gift is invalid, especially when the father is alive and the mother cannot act as guardian, thereby allowing the legal heirs (including the grandson) to seek partition through proper legal proceedings.Checking relevance for Radha Bai VS Ram Narayan...
Checking relevance for B. R. Patil VS Tulsa Y. Sawkar...
Checking relevance for Mansoor Saheb (Dead) VS Salima (D) by LRs. ...
2025 2 Supreme 624 : Under Mohammedan Law, a grandson cannot file a partition suit for his grandfather''''s property while his father is alive. The right of an heir-apparent (such as a grandson) does not come into existence until the death of the ancestor (grandfather). Until then, the grandson has no legal interest in the property and cannot claim any share or initiate partition proceedings. Partition while a person is alive between him and his heirs is impermissible under Mohammedan Law. The heir-apparent has no reversionary interest that would allow them to object to a transfer or claim a share during the lifetime of the ancestor. The only permissible method for a living owner (like a grandfather) to transfer property to heirs during his lifetime is through a valid gift (Hiba), which requires declaration, acceptance, and delivery of possession. Therefore, a grandson cannot file a partition suit for his grandfather''''s property while his father is alive.Checking relevance for Pannalal VS Naraini...
Checking relevance for C. N. Arunachala Mudaliar VS C. A. Murugatha Mudallar...
Checking relevance for THEIRY SANTHANAMAL VS VISWANATHAN...
2018 1 Supreme 452 : Under the customary Hindu law applicable in Puducherry, the father is the absolute owner of the property during his lifetime, and sons do not acquire any right or interest in the family property by birth. The sons'''' rights arise only upon the father''''s death, not during his lifetime. Therefore, a grandson cannot file a partition suit for his grandfather''''s property while the father is alive, as the father retains absolute ownership and the sons (including the grandson) have no legal interest in the property during the father''''s lifetime.Checking relevance for Pitchika Balaji Narasimham vs Daivam Revathi Kumari...
2025 0 Supreme(AP) 163 : A grandson cannot file a suit for partition of his grandfather''''s property during the lifetime of his father. This is because the grandson has no right by birth in the grandfather''''s property, and such a suit is not maintainable while the father is alive. The court held that the plaintiff, being the grandson of the late Venkatappa Naidu, could not claim any share in the exclusive property of the grandfather or file a suit for partition during the lifetime of his father, who was the defendant.Checking relevance for Nidhi Singh VS Animesh Singh...
Checking relevance for V. Bakkiyam VS C. Kandasamy Gounder (died)...
Checking relevance for V. Vandhana VS Vijayasekaran...
2023 0 Supreme(Mad) 1158 : Under Hindu Law, a grandson can file a partition suit for his grandfather''''s coparcenary property even when his father is alive. This is because the grandson acquires a right by birth in the coparcenary property inherited by his father from his grandfather, and such right is not dependent on the father''''s death. The property inherited by a male Hindu from his paternal ancestors (father, father’s father, father’s father’s father) is ancestral property, and the sons, grandsons, and great-grandsons of the person who inherits it acquire an interest in it at the moment of their birth. Even after partition, the share allotted to a coparcener continues to be coparcenary property in the hands of the male descendants. Therefore, a grandson becomes a coparcener in the property on his birth and can claim a share in the partition, regardless of whether his father is alive. This principle was affirmed in the case of Arshnoor Singh v. Harpal Kaur (2020) 14 SCC 436, where the Supreme Court held that the character of ancestral property does not change after partition and remains coparcenary property for the male descendants, including grandsons.
