Property derived by the first defendant from his father could only be construed as his separate property and the same cannot be held as the ancestral - As per devolution of interest under section 8 during the life time of the father, the grand son or grand daughter cannot lay a claim of partition.

Citation

2019-4-L.W. 920

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 19.08.2019 Pronounced on : 12.09.2019 S.A.No.224 of 2016 and C.M.P. No.16392 of 2019

T.Ravindran, J.

S.Murugan & others.       ... Appellants

Vs.

K.Sadayan (Died) & another.    ....Respondents

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 19.02.2015 in A.S.No.30 of 2013 on the file of Principal District Judge, Salem confirming the decree and judgment in O.S.No. 120 of 2009 dated 14.12.2012 on the file of the II Additional Sub Judge, Salem.

Hindu succession Act, Section 8 Succession Devolution of interest- separate property or ancestral Determination of

 held: property derived by the first defendant from his father could only be construed as his separate property and the same cannot be held as the ancestral property Para 11

 As per devolution of interest under section 8 during the life time of the father, the grand son or grand daughter cannot lay a claim of partition in the property derived by his father from his father Para 13

As rightly hold buil