CUSTOM SEARCH

TOPICS AVAILABLE IN THIS BLOG

HINDU FATHER’S RIGHT TO PARTITION ANCESTRAL PROPERTY WITHOUT CONSENT OF SONS ?

Justice A Sen, Justice D Desai, Justice V Tulzapurkar of Supreme court of India in the case of Kalyani (Dead) By Lrs. vs Narayanan And Ors. Reported in AIR 1980 SC 1173, 1980 Supp (1) SCC 298, 1980 2 SCR 1130 There was some controversy whether a Hindu father governed by Mitakshara law has a right to partition ancestral properties without the consent of his sons. After referring to Mitakshara, I, ii, 2, Mayne in 'Hindu Law & Usage', 11th Edn. p. 547, states that a Hindu father under the Mitakshara Law can effect a partition between himself and his sons as also between his sons inter se without their consent and that not only can he partition the property acquired by himself but also the ancestral property. The relevant text may be extracted: The father has power to effect a division not only between himself and his sons but also between the sons inter se. The power extends not only to effecting a division by metes and bounds but also to a division of status. Similarly, in Mulla's Hindu Law, 14th Edn., p. 410 (para 323), it is stated that the father of a joint family has the power to divide the family property at any moment during his life time provided he gives his sons equal shares with himself, and if he does so, the effect in law is not only a separation of the father from the sons, but a separation of the sons inter se. The consent of the sons is not necessary for the exercise of that power. It, therefore, undoubtedly appears that Hindu father joint with his sons governed by Mitakshara law has the power to partition the joint family property at any moment during his life time.

No comments:

KARNATAKA LAND LAWS