Self acquired property of deceased by law, could have only passed to his class-1 heirs - But no right vests in plaintiffs, his grand-children over self-acquired properties - During lifetime of his successor-in-interest i.e. defendant, plaintiffs do not have any right to seek partition of his self-acquired properties

 AIROnline 2021 Del 1229

 Delhi High Court 

SANJEEV NARULA , J. 

CS(OS) - 295 of 2021 

D/- 2 - 8 - 2021

 HARBANT KAUR AND ORS. v. RANJEET SINGH AND ORS. 

Hindu Succession Act (30 of 1956), S.6 - Inheritance - Self acquired property of deceased, who was father of defendant and grandfather of plaintiffs - No assertion in plaint to suggest that suit properties are HUF/joint family properties - No material on record in form of pleadings or documents to indicate that properties of original owner created HUF or that after his death, son of owner created HUF and put properties inherited by him into common hotch-potch - Self acquired property of deceased by law, could have only passed to his class-1 heirs - But no right vests in plaintiffs, his grand-children over self-acquired properties - During lifetime of his successor-in-interest i.e. defendant, plaintiffs do not have any right to seek partition of his self-acquired properties - Law governing testamentary/intestate succession will be applicable to such properties. Civil P.C. (5 of 1908), O.6 R.4 - (Para 12)