Grandchild born prior to enforcement of Hindu Succession Act - has coparcenary right by birth in property of his great-grandfather - Plaintiff rightly held entitled to 1/12th share in HUF property.

Citation

AIR 2022 MADHYA PRADESH 157

MADHYA PRADESH HIGH COURT

: AIROnline 2022 MP 2356

DWARKA DHISH BANSAL , J.

Second Appeal No. 153 of 1995, D/- 23 - 6 - 2022

Chokhelal and Ors. v. Ashwani Kumar and Ors.

(A) Hindu Law - Suit for partition and separate possession - Co-parcenary rights in HUF property - Plaintiff, grandchild born prior to enforcement of Hindu Succession Act of 1956 has coparcenary right by birth in property of his great-grandfather, and right of survivorship - Existence of rights over HUF remain unaffected by enforcement of Act of 1956 - Plea of

defendants that they being bona fide purchasers of suit property are entitled possession and plaintiff be injuncted therefrom, rightly rejected by sub-ordinate Court - Plaintiff rightly held entitled to 1/12th share in HUF property. Civil P.C. (5 of 1908), O.20 R.18 - Hindu Succession

Act (30 of 1956), S.8 - (Paras 22 , 25 , 27) 

(B)Civil P.C. (5 of 1908), S.100 - Second appeal - New plea - Plea as to maintainability of suit, raised for first time in second appeal, not tenable.

 (Para 21) 

Cases Referred

Chronological Paras

AIR 2019 SC 3098 : AIROnline 2019 SC 382

23

AIR 2016 SC 1169

15

AIROnline 2013 MP 38

15, 24

AIR 2013 SC 3588 : 2013 AIR SCW 4535

15

AIROnline 2006 SC 237

15, 24

AIR 1987 SC 558