Sir,
Facts of case: 'A' and 'B' Brothers inherit Ancestral Property (Dwelling House) created by their GRAND father.
Father of 'A' and 'B' dies in 1951.
'A' has 2 Sons 'C' and 'D' born in 1948 and 1952 respectively.
'B' has only 1 daughter 'E' born in 1951. 'B' dies in 1967; His Half portion of House is transferred to his wife and then to his daughter 'E' after her death in 1985.
The Ancestral House was divided in equal portions between 'A and 'E' through a Partition Suit and Decree in a Civil Court in 2015. The Partition Case was filed by 'A' ALONE in 2004. Sons of 'A' ie 'C' and 'D' were NOT plaintiffs in the case.
QUESTION: Does the Half portion of Dwelling House acquired by 'A' become his 'self acquired Property' after the Partition Decree? If so, please give some case law.
best regards
AK Sinha
