AI Overview...
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Partition Rights of Great Grandchildren - A person can claim a share in ancestral property inherited from their great grandfather if the property is part of a joint family or coparcenary. The claim depends on proving the property was acquired as joint family property and that the claimant is a coparcener or has a legal right to demand partition. The right to partition is inherent for coparceners, and such claims are recognized under Hindu law, including the Hindu Succession Act Bhairab Prasad Singh VS Birendra Pratap Singh - Patna, Jangir Singh (D) thr. LRs. VS B. O. R. - Rajasthan.
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Proof of Joint Family or Coparcenary Property - To establish a claim, the claimant must prove the property was acquired from joint family funds or as part of a coparcenary. The burden of proof lies on the person claiming the property as joint family property, and they must demonstrate the property was acquired out of joint funds or through a joint family nucleus Kandasami and Another VS Adi Narayanan and Others - Madras.
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Legal Basis for Partition Claims - The Hindu Law recognizes the right to partition for coparceners, including descendants like grandchildren and great grandchildren. Such rights are automatic and can be invoked by any coparcener, including those claiming through a great grandfather, provided the property is ancestral or joint family property DANAMMA @ SUMAN SURPUR VS AMAR - Supreme Court, Jangir Singh (D) thr. LRs. VS B. O. R. - Rajasthan.
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Inheritance from Great Grandfather - Properties inherited from a great grandfather, if inherited as part of a coparcenary or joint family, can be partitioned among the legal heirs, including great grandchildren. The inheritance is recognized as ancestral if it was acquired as part of the joint family estate, and partition can be sought through legal proceedings Ved Parkash VS Naresh Kumar - Delhi.
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Limitations and Conditions - A granddaughter or great granddaughter cannot claim a share in maternal grandfather's property unless she is a coparcener or the property is joint family property. If she is not a coparcener and the property is considered obstructed heritage, her claim may be barred, especially if her mother is alive and has not sought partition Vishwambhar s/o Namdev Nikam vs Sow. Sunanda w/o Maheshankar Suryawanshi - Bombay.
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Effect of Registered Partition Deeds - If a property was partitioned via a registered deed among co-sharers, the partition is binding, and subsequent claims for rights in that property are barred unless there is evidence of fraud or irregularity R. Eswaramurthy vs K. Palanisamy - Madras.
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Limitations Period - Claims for partition are subject to limitation periods, but if the claimant is a legal heir or coparcener, they can seek partition even after a long period, provided the claim is within the statutory period or based on continuous possession or acknowledgment KALAVACHERLA BALA TRIPURA SUNDARAMMA VS RACHURI SUBBARAYUDU - Andhra Pradesh.
Analysis and Conclusion:
A person, including a great grandson, can claim partition of ancestral or joint family property inherited from a great grandfather if they establish their status as a coparcener or legal heir and prove the property was acquired as part of the joint family estate. The right to claim partition is inherent and recognized under Hindu law, but the claimant must demonstrate the property’s joint family origin and their entitlement under the law. Claims depend on proof of ancestral acquisition, coparcenary status, and adherence to procedural and limitation requirements.
Search Results for "Can a Person Claim Partition in Great Grandfather Property"
1949 0 Supreme(Pat) 1 • India - Patna
M.L.VISA, V.RAMASWAMI
of the grandfather, and that partition does not annul the filial relation or the right of succession incidental to that relation ... The Subordinate Judge granted a preliminary decree to the plaintiff for partition of one-tenth share of the property of Kunj Bihari ... Final Decision: The court upheld the preliminary decree granted to the plaintiff for partition of one-tenth share of the property ... succession, though acknowledged in every system to represent their deceased father and....
1995 0 Supreme(Mad) 568 • India - Madras
RAJU
Hindu Law-Certain property claimed properly of joint family-Person claiming has to prove that the joint family had sufficient nucleons ... prove that property was acquired out of his separate fund. ... to acquire/purchase the property-Burden also lies on the manager/Karte of the family in whose name properly had been acquired to ... It was also observed therein that the person claiming a property to be that of the joint family should also establish ....
2022 0 Supreme(Mad) 413 • India - Madras
S.KANNAMMAL
Hindu Succession Act - Section 6 - Hindu Women's Property Act,1938 - Suit for Partition - Order of Executing ... question was partitioned/divided among second respondent his brother and widowed mother on through registered partition deeds which ... in which he/she claims share is a joint family property or coparcenery property and it is undivided - In case on hand property in ... Similarly, an ancestral property is a property acquired by gr....
2018 1 Supreme 538 • India - Supreme Court
A.K.SIKRI, ASHOK BHUSHAN
to which she is entitled as a coparcenary property – Right to partition, being inherent, can be availed of by any coparcener including ... After his death, Amar, S/o Arunkumar filed the suit for partition and a separate possession of the suit property described at Schedule ... which he could have got in notional partition. ... The determination of that share must depend on the number of persons who would have been entitled to a share in the coparcenary property if a #....
2023 0 Supreme(Del) 160 • India - Delhi
NEENA BANSAL KRISHNA
that property originally belonged, great grandfather of plaintiff which was inherited by his deceased father as a HUF property - ... so sold under Agreement to Sell - Other relief which has been sought by plaintiff is partition - His claim to property is through ... - Suit for Partition - Permanent Injunction - Suit for Partition, Declaration and Permanent Injunction has been filed by plaintiff ... It is asserted by the plaintiff th....
2025 Supreme(Online)(Bom) 6656 • India - High Court of Bombay
SHAILESH P. BRAHME, J
, determining that she cannot claim a share in maternal grandfather's property as it's considered obstructed heritage due to her ... was deemed unsustainable as she is not a coparcener while her mother is alive and has not sought partition. ... (A) Hindu Succession Act, 1956 - Section 6 - Partition - The court examined the applicability of coparcenary rights to a granddaughter ... Only a coparcener has a right to demand partition. Test is if a person can demand a partition#HL....
2016 0 Supreme(AP) 329 • India - Andhra Pradesh
V.RAMASUBRAMANIAN, ANIS
, the putting of a property into the common hotchpot of the joint family, the birth of a child and the death of a person, all constitute ... and separate possession of his 1/7th share in suit schedule property – Claim of the appellant/plaintiff in the suit was that the ... relating to joint family property, the existence of an ancestral nucleus, the purchase of a property from out of joint family funds ... person, all constitute the bundles of facts, which form the ca....
2023 Supreme(Online)(Mad) 97625 • India - Madras High Court
He had obtained the property under a registered partition deed which he had entered into with the other co-sharers. ... In this partition deed, Sivan Malai Gounder was allotted the D – Schedule property and the suit Cart-track was kept in common for ... plaintiff's case was that the suit Cart-track and other properties originally belonged to one Sivan Malai Gounder, the paternal grandfather ... He had obtained the property under a registered partition deed which he ....
2006 0 Supreme(AP) 1061 • India - Andhra Pradesh
C.Y.SOMAYAJULU
Limitation Act, 1963 – Section 6 and 28 – Suit for partition – Indigent persons – legal representatives ... Same view was taken by Madras High Court in Venkatesans case (supra) and Subramanyam case (supra), where it is held that if the person ... or their predecessors-in-interest – Since all those transactions of sale are void, they can ignore those transactions and seek partition ... Except baldly alleging that all the properties covered by the plaint 'a' schedule are the joint family property of the f....
2002 0 Supreme(Raj) 785 • India - Rajasthan
D.N.JOSHI, RAJESH BALIA
The question of extent of interest in property becomes germane only when partition takes place. ... No one can claim or predicate his precise interest in any property. ... Such property inherited from father, grand-father or great grand- father by a son, grand-son or great grand-son is treated ancestral ... In respect of such transfer any other person though he or she may be member of family, but who is not a co-parcener, and has no interest whatever....
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