Supreme Court of India · 2016-03-02
UTTAM vs SAUBHAG SINGH
- Citation / case number
- SC 2014/3439
- Court
- Supreme Court of India
- Petitioner
- UTTAM
- Respondent
- SAUBHAG SINGH
- Author
- R.F. Nariman
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court upheld the dismissal of a partition suit filed by the appellant, a grandson, against his father and uncles, ruling that under Section 8 of the Hindu Succession Act, 1956, the appellant had no right to claim partition during his father's lifetime. The Court clarified that the property in question was ancestral, but since the grandfather had died intestate, the property devolved upon the Class I heirs, leaving no joint family property for the grandson to claim. The judgment confirmed the lower courts' findings that the appellant lacked a birthright to the property while his father was alive.