Supreme Court · 2018 INSC 556 · Decided 2 July 2018
Shyam Narayan Prasad v. Krishna Prasad and ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 556 · [2018] 5 S.C.R. 36
- Case number
- CIVIL APPEAL No. 5415/2011
- Decided
- 2 July 2018
- Bench
- ABHAY MANOHAR SAPRE, S. ABDUL NAZEER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 91; Transfer of Property Act Section 118, 54, 53A; Registration Act Section 17, 49, 17(i)(b)
Headnote
Hindu Law - Mitakshara law - Property allotted to son in partition - Whether retains character of coparcenery property - Held: Share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue - After partition, hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship - On facts, properties acquired by son in the partition although are separate property qua other relations but it is a
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