Supreme Court of India · 2016-03-02
Uttam vs Saubhag Singh & Ors
- Citation / case number
- AIR 2016 SUPREME COURT 1169
- Court
- Supreme Court of India
- Petitioner
- Uttam
- Respondent
- Saubhag Singh & Ors
- Author
- R.F. Nariman
- Bench
- R.F. Nariman, Kurian Joseph
Judgment text excerpt
The Supreme Court upheld the High Court's decision that a grandson has no birthright to claim partition of ancestral property during the lifetime of his father, as established under Section 8 of the Hindu Succession Act, 1956. The Court confirmed that the property in question was ancestral, but since the grandfather's share devolved upon his Class I heirs upon his death, the grandson could not sue for partition while his father was alive. The appeal was dismissed, affirming the lower courts' rulings that the plaintiff lacked the right to partition.