Case Law Analysis
|Supreme Court of India
Section 8 HSA | Partition Among Class I Heirs Severs Coparcenary; Grandson No Right By Birth In Father's Share : SC
The Supreme Court ruled that a grandson acquires no coparcenary right by birth in property his father inherited through a partition decree under Section 8 of the Hindu Succession Act. Once Class I heirs partition ancestral property, the joint family character is severed, making the father's share his absolute separate property, extinguishing any birthright of the son.