Uttam v. Saubhag Singh

Citation(2016) 4 SCC 68
Case NumberCivil Appeal No. 2360/2016
BenchAnil R. Dave J., A.K. Goel J.
Date of Decision2 March 2016
CategoryHUF Partition
Statutes Cited["Hindu Succession Act 1956 - Sections 4, 8, 19"]
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Ratio Decidendi

After joint family property is distributed under Section 8 HSA on principles of intestacy, it ceases to be joint family property. Successors hold as tenants-in-common, not joint tenants.

Headnotes

["Post-1956 inheritance under S.8 does not create HUF","Property inherited individually becomes self-acquired","Coparcener has no birth-right in property devolved by succession under S.8","Overturned traditional Mitakshara view for post-1956 devolution"]

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Our Analysis

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