Partition -- Property Inherited Under Section 8 HSA -- Heirs take as tenants-in-common -- No question of kartaship arises
Hindu Succession Act, 1956, S.8 -- Partition -- Property Inherited Under Section 8 HSA -- Property inherited under S.8 does not automatically acquire the character of coparcenary property, and descendants do not get a right by birth in such property -- Heirs succeed as tenants-in-common with definite and separate shares, and property devolves by succession rather than survivorship -- The question of kartaship does not arise merely because property came from a paternal ancestor -- Each heir can deal only with his or her own share, and a co-owner cannot act as karta to sell another's share on the ground of legal necessity.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
