AI Overview...
- Property Devolved Upon Partition Deed as Self Acquired - Main points and insights:
- Properties acquired through a partition deed are generally treated as individual (self-acquired) property, especially when the property remains in the possession of a sole coparcener. Such property does not automatically become coparcenary or ancestral property unless there is clear evidence of joint family or ancestral origin K. Karthikeyan VS A. K. K. Kannan - Madras.
- Under the Hindu Succession Act, properties that devolve as self-acquired (e.g., purchased or acquired by a person from their own resources) are distinct from joint family or ancestral properties. Self-acquired property of a deceased, if not converted into joint or coparcenary property, remains with the individual and is not subject to coparcenary rights SMT.RENUKA W/O SHIVALINGAPPA BEVINAMATTI vs SMT.SAVANTREVVA W/O DYAMANNA BEVINAMATTI - Karnataka, V. Devaraj Applicant. VS Jayalakshmi Ammal (decsd. ). - Madras, Bhimasi Fakirappa Bijjur VS Nagesh Bhimappa Waddar @ Maktedar - Karnataka.
- The law recognizes that properties acquired under specific circumstances—such as through purchase, gift, or partition deed—are to be treated as self-acquired unless the nature of the property is explicitly shown to be joint or ancestral. The intention of the owner and the mode of acquisition are crucial in determining the status Govindbhai Chhotabhai Patel VS Patel Ramanbhai Mathurbhai - Supreme Court.
- The distinction is significant in legal proceedings involving partition, inheritance, or succession, as self-acquired property devolves directly to the owner’s heirs or as per testamentary disposition, without the automatic rights associated with coparcenary or ancestral property YYYYYSHNAN vs K.VAIDHYANATHAN - Kerala.
- Analysis and Conclusion:
- Properties acquired via partition deed can be treated as self-acquired if they are acquired in the name of an individual and remain in their sole possession, without evidence of joint family or ancestral origin.
- The legal framework under the Hindu Succession Act supports treating such properties as self-acquired unless proven otherwise. This classification affects rights of heirs and the process of partition, emphasizing the importance of clear documentation and intent.
- Therefore, property devolved upon through a partition deed can be regarded as self-acquired property, provided it is established that the property was acquired independently and not as part of a joint or ancestral estate K. Karthikeyan VS A. K. K. Kannan - Madras, SMT.RENUKA W/O SHIVALINGAPPA BEVINAMATTI vs SMT.SAVANTREVVA W/O DYAMANNA BEVINAMATTI - Karnataka, V. Devaraj Applicant. VS Jayalakshmi Ammal (decsd. ). - Madras.
Search Results for "Property Devolved Upon Partition Deed can be Treated as Self Acquired Property"
2023 0 Supreme(Mad) 933 • India - Madras
N. SATHISH KUMAR
property by way of partition deed – Therefore same has to be treated only as an individual property and plaintiff is not entitled ... test and though certified copies of judgment in are filed plaintiff cannot be considered as a coparcener - Since defendant has acquired ... The law is well settled that as long as the property remains in the possession of the sole coparcener, it could be treated as self acquired #HL_....
2025 Supreme(Online)(Kar) 20620 • India - Karnataka High Court
SACHIN SHANKAR MAGADUM, G BASAVARAJA, JJ
property. ... The appeal questions the judgment and decree for partition under the Hindu Succession Act, especially concerning rights under ancestral ... legal necessity in the sale of the property. ... The property that devolves under Section 8 if it is self-acquired of the deceased from his own father or other ancestors after 1956, is treated as the absolute property of the Class I heirs. ... Upon Pavadeppa’s dea....
2025 Supreme(Online)(Ker) 46934 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
The primary contention revolved around whether the properties were self-acquired or Tarwad properties. ... ... ... Ratio Decidendi: The court ruled that the properties acquired under the Marumakkathayam law are to be treated as Tarwad properties ... by the plaintiffs as part of the Tarwad property belonging to Lekshmi Amma. ... Whether, on the construction of the document, is it possible to infer that the properties devolved upon Smt. Lekshmi Amma....
2019 0 Supreme(SC) 1065 • India - Supreme Court
L.NAGESWARA RAO, HEMANT GUPTA
would acquire the property as self acquired property - He would be competent to gift the property to a stranger to the family - It ... (a) Property law - Self acquired property by way of purchase - Will executed in favour of his son - Son ... deed was forged - High Court holding deed to be proved - No error. ... It was for them to prove that the Will of Ashabhai intended to conve....
2007 Supreme(Online)(KER) 10463 • India - High Court of Kerala
P.R.RAMAN, V.K.MOHANAN, JJ
Partition - Co-parcenary Properties - Hindu Succession Act, 1956 - Sections 6, 8 - The properties in question were deemed self-acquired ... Ratio Decidendi: The court determined that properties held by the grandfather were self-acquired and defeated the plaintiffs ... was valid, effectively extinguishing any rights the plaintiffs had to partition. ... The son can assert this equal right with the father only when the grandfather's property has devolved#HL_EN....
• India - Madhya Pradesh
M.L.MALIK, A.P.SEN
Sarjoo, defendant No. 3, purported to alienate the entire property by executing the sale-deed, Ex. ... property of Mahangilal. ... The Additional District Judge gave a decree in her favour except in respect of Khasra Nos. 101/2 and 102, which he held, were the self-acquired ... Mahangilal purchased back a portion of this land by sale-deed dated 28-3-1957 (Ex. 1/2-D-4) from Bhaiyalal Bhoyer. We have to consider in this appeal whether the property lost to the family, if....
2015 6 Supreme 415 • India - Supreme Court
V.GOPALA GOWDA, C.NAGAPPAN
(a) Property law – Partition – Plaintiff seeking partition claiming the property to be family property – First defendant claiming ... by holding that the said property is the self acquired property of the deceased-first defendant. ... it to be his self acquired property – Evidence showing the building was constructed on schedule B property with the aid of money ....
2025 Supreme(Online)(Mad) 47787 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. G.Jayachandran, J
Hindu Succession Act, 1956 came into force and admittedly, it was considered and treated as a coparcenary property by both Lakshmana Gounder and defendants 1 & 2, the facts on records in otherwise. ... The present appeal suit is filed on the ground that on the death of Subbanna Gounder, the property devolves upon his coparcerners, namely, Lakshmana Gounder (son), Rangasamy and Kandasamy (grandsons).
1969 0 Supreme(Mad) 104 • India - Madras
M.M.ISMAIL
Hindu Succession Act (XXX of 1956), section 6 - Meaning of coparcenary property - It is distinct from joint family property. ... what was originally self-acquired property into a joint family property, and with reference to this, there is a difference between self-acquired property being converted into a joint family property and the self-acquired property being....
2022 0 Supreme(Kar) 485 • India - Karnataka
S. R. KRISHNA KUMAR, K. S. HEMALEKHA
PARTITION SUIT - ANCESTRAL PROPERTY - SELF ACQUIRED PROPERTY - SUCCESSION - HINDU SUCCESSION ACT, 1956 - SECTION 8 - SECTION 19 ... The self acquired and separate property of a male Hindu dying intestate, devolves by succession under Section 8 r/w Section 19 of ... Joint family/ancestral property of a male Hindu dying intestate also devolves by succession and not survivorship, consequent #HL_START....
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