RANBIR SINGH Vs. AMRIT SINGH

JUDGEMENT

(1.) THIS suit is filed by son Sh. Ranbir Singh; plaintiff No. 1, and plaintiff Nos 2 to 4; who are the wife and children of Sh. Ranbir Singh. The subject suit is a suit essentially seeking partition of the properties, which came to be owned by the defendant/father-Sh. Amrit Singh, having been inherited by him from his own father, Sh. Lal Singh.

(2.) THE following order was passed in this suit on 03.10.2012:

(3.) IT has been held by the Hon'ble Supreme Court in the aforesaid judgments of The Commissioner of Wealth Tax, Kanpur and Ors. v. Chander Sen & Ors. and Yudhishtir v. Ashok Kumar (supra) that after passing of the Hindu Succession Act, 1956, when a person inherits property from his paternal ancestor, the property is inherited as a self acquired property in his hands and not as Hindu Undivided Family property, unless on the date of death the ancestor, an HUF was existing.