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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.

UTTAM vs SAUBHAG SINGH · Niyam