Hindu Succession -- Property Inherited by Father under Section 8 -- Grandson cannot claim coparcenary share by birth absent plea of pre-existing HUF
(i) Hindu Succession Act, 1956, S.8 -- Hindu Succession -- Property Inherited by Father under Section 8 -- Property devolving on an heir under Section 8 vests in his individual capacity. Grandson of the original owner cannot claim a coparcenary interest by birth in a share already devolved on his father under statutory succession, unless a specific plea and material establish that the property formed part of a pre-existing Hindu Undivided Family or coparcenary estate. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Hindu Succession -- Absence of Pleading on Existence of HUF -- A claim of coparcenary right cannot rest on genealogical relationship alone. Absence of specific averment that the original allottee held the property as karta or on behalf of a joint family, or of any pleading disclosing constitution of an HUF, renders the plaint devoid of cause of action for a coparcenary claim. (iii) Rajasthan Land Revenue Act, 1956, S.101 -- Hindu Succession -- Khatedari Right Not Declared by Revenue Court -- Where khatedari entitlement itself requires determination by the competent revenue court, consequential relief challenging alienation before the civil court cannot be sustained without such foundational declaration of khatedari right.
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