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The HC rejected a second appeal filed by grandchildren seeking partition and cancellation of sale deed of their grandfather's property inherited by their father post-1956. The court held that property inherited after commencement of the Hindu Succession Act 1956 constitutes self-acquired property of heirs, not ancestral or coparcenary property. Grandchildren possess no vested rights by birth in such property. The court emphasized that coparcenary property can only be created from pre-1956 ancestral property or through deliberate blending with existing coparcenary assets. Absent proper pleadings establishing joint family character, no presumption exists that property belongs to HUF. The suit disclosed no cause of action as succession was governed by Section 8 of the 1956 Act, and the main relief seeking cancellation was time-barred, rendering consequential reliefs equally barred.
The HC rejected a second appeal filed by grandchildren seeking partition and cancellation of sale deed of their grandfather's property inherited by their father post-1956. The court held that property inherited after commencement of the Hindu Succession Act 1956 constitutes self-acquired property of heirs, not ancestral or coparcenary property. Grandchildren possess no vested rights by birth in such property. The court emphasized that coparcenary property can only be created from pre-1956 ancestral property or through deliberate blending with existing coparcenary assets. Absent proper pleadings establishing joint family character, no presumption exists that property belongs to HUF. The suit disclosed no cause of action as succession was governed by Section 8 of the 1956 Act, and the main relief seeking cancellation was time-barred, rendering consequential reliefs equally barred.
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