KRISHAN KUMAR SHARMA Vs. ASHOK KUMAR SHARMA

JUDGEMENT

(1.) HEARD . Admittedly, the property in dispute which is anoestcal, was inherited by Harbilas from his father Jagan Ram alias Jagan Nath. Hartbilas has two sons, namely, defendant Krishan Kumar and plaintiff Ashok Kumar besides a daughter Sushila Krishan Kumar filed a suit Somewhere in the year 11980 against his father Harbilas for declaration to the effect that he was the owner in 1 possession of the property in question which fell to his, share in a family settlement, The suit was decreed on account of the statement made, by Harbilas.

(2.) ASHOK Kumar the other son of Harbilas filed a suit for declaration that decree dated 21. 1. 1980 relating to the property in-dispute was illegal, against law and was not binding on his rights. The trial Court by judgment and decree dated 4. 9. 1992 dismissed the suit. However,, the appellate court by judgment and decree dated 16. 9. 1995 allowed the appeal and decreed the suit. This is how one of the defendants has filed the present appeal.

(3.) A Hindu even if he is joint, can possess separate property. Such property belongs exclusively to him. No other member of the copardonary, not even his male issue, acquire any interest in it by birth. The owner is entitled to sell, gift or bequeath by will to any person he likes. Such property is not liable to partition amongst coparcenars and on the death of the holder there of, it passes on to his heirs under the Hindu Succession. Act and not by survivorship to the surviving coparcenars.