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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