S.c judgement in bhanwar sigh.v. puran sg, dt.12.2.2008
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
Hi Myself GAURAV
Dear Top Experts:- Respected Shri Ramachandaran,Shri Prabhakar, Shri Makkad Sir, Shri Arunagiri Sir, Shri Shailesh Shah,Shri A.V. Vishal, Shri Barman, Shri Ravikant Soni, Shri Rajeev, and others.
All of You please refer to the attached S.C Judgement in Bhanwar Sigh.v. Puran Sg dt.12.2.2008:-
The Summary of the case is as Under:-
As per this Judgement one “Bhima” was the owner of the property( Although in this judgement it is not clear wheather said property was his self acquired or he got it from his father). After the death of “Bhima” intestate his property transferred to his legal heir( one son “Sant Ram” and three daughters) in equal share 1/4th each. Sant Ram sold his share which was challenged by son of Sant Ram stating that he was also coparcener in the said property.
Supreme court giving reference of his earlier judgments held that Sant Ram was the Exclusive owner of the property and his son is not coparcener in it as per section 8 of HSA1956.
Now my Question is:-
1. Wheather said property was his self acquired property of “Bhima” or he got it from his father( As it is not clear to me by the contents of this Judgement)
2. Suppose it was self acquired property of “Bhima” and it transferred to his legal heirs as per SEC-8 of HSA 1956 hence it was the personal property of his son Sant Ram(no coparcenary formed with son of Sant Ram as per supreme court judgement).
3.If suppose after the intestate death of Sant Ram his son say "X" will become the exclusive owner of said property or it will become coparcenary with the son of "X".
4. If no Coparcenary formed between "X' and his son , then does it mean that if the property is being inherited as per s-8 of HSA 1956 no coparcenary will be formed between father and son even after many generations.
5. If someone becomes sole owner of the property under S-8 of HSA 1956 then there is no doubt that Gifted property or willed property should have the first right to have it nature as Self acquired property.
6. If Gifted property,willed property and property received as per s-8 of HSA 1956 is not coparcenary property. Then it means that no scope left for any property to be called as coparcenary property.
So respected experts please spare time for me to answer the above 6 points to clear my confusion.
Thanks in Advance.
Raj Kumar Makkad
(Expert) 31 January 2012
In the given case Bhima was original owner of the property so it was self acquired for him. After his intestate death, Sant Ram became owner to the extent of 1/4 share which shall be called his personal property. On his intestate death his sole legal heir X has inherited the said property which shall now be called as ancestral property so your question ends here.
X failed to challenge the sale of his father because it was personal property of Sant Ram. had this property would have come to X in the same way only then his son would have challenged its sale in the hands of X.
Querist :
Anonymous
(Querist) 02 February 2012
Thank You Respected Makkad Sir. You have cleared all the doubts of my mind. Realy you are Great. Thanks a lot again.
