Father received property in partition as his exclusive and absolute property - partition effected prior to amendment of S. 6 - S. 6 would not be applicable - Since plaintiff's father died intestate, property which stood in his name ought to be divided as per S. 8.

Citation

AIR 2022 MADRAS 100

MADRAS HIGH COURT

: AIROnline 2022 Mad 627

G. JAYACHANDRAN , J.

A. S. No. 1 of 2011, D/- 9 - 3 - 2022

Nagarathinam and Ors. v. K.R. Srinivasan (Died) and Ors.

Hindu Succession Act (30 of 1956), S.6, S.8 (prior to 2005 amendment) - Suit for partition -

Rule of succession in case of males - Plaintiff being sole male descendant claiming 5/8th share in

property of father - On date of filing suit, plaintiff was 32 years old - Plaintiff's father received

property in partition as his exclusive and absolute property - Said partition effected prior to

amendment of S. 6 - Thus, property had lost character of coparcenary property - S. 6 would not

be applicable - Since plaintiff's father died intestate, property which stood in his name ought

to be divided as per S. 8 - Plaintiff along with other heirs would be entitled to equal share in

suit properties.

 (Paras 13 , 14 , 18)