After HSA 1956, inherited ancestral property does not automatically become HUF property. It devolves as self-acquired under Section 8. Coparcenary claims require explicit pleading establishing HUF existence with specific dates and circumstances.
["Post-1956 inherited property not automatically HUF","Section 8 HSA devolution creates self-acquired property","Explicit HUF pleading with foundational facts required","Mere third-generation descent assertion insufficient","Order VI Rule 4 CPC pleading standards must be met"]
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Delhi High Court - Orders
Ved Parkash vs Naresh Kumar & Ors on 30 May, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 270/2022, I.A. 7557/2022
VED PARKASH ..... Plaintiff
Through: Ms. Suman Chaudhary, Advocate
thorugh V.C
versus
NARESH KUMAR & ORS. ..... Defendants
Through: Mr. Rishikesh Kumar, ASC with Ms.
Sheena Priya, Advocate.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 30.05.2022
1. Learned counsel for the plaintiff has appeared through VC and
submits that she has filed details in respect of an HUF property. However,
the same is not on record. Learned counsel for the plaintiff seeks time to file
her submissions.
3. List on 4th August, 2022.
NEENA BANSAL KRISHNA, J
MAY 30, 2022/pa
Signature Not Verified
Digitally Signed
By:NIRMLA TIWARI
Signing Date:01.06.2022
16:26:13