This judgment is of a son who claimed his share in the ancestral property from his father, Mohan Singh and three paternal uncles. In this case the son claimed 1/8th share in the suit property from the above on the basis that the suit property was an ancestral property and being a coparcener he is entitled to the share as his birth right as per the law of inheritance in accordance with the Mitakshara Law. Defence was taken by the father, Mohan Singh and his brothers that the property was not an ancestral property and partition had already taken place by which the father of the plaintiff had become separate. It was held by the court that Sh. Jagan nath Singh, the grandfather of the plaintiff died in 1973, leaving behind his widow Mainabai and four sons. As per law of Hindu Succession Act, 1956 the share would have to be distributed as per section 8 of the Act that is the joint family property has to be divided in accordance with the rules of intestacy and not survivorship. The father being a Class I heir and consequently the son not being a Class I heir had no right to claim the partition during the life time of his father. Hence the property will devolve upon the father and his three brothers. Moreover the joint family property which was an ancestral property during the life time of Sh. Jagannath Singh and the other coparceners, devolved by succession under section 8 of the Act. The ancestral property ceases to be joint family property on the date of the death of the Jagannath Singh. Hence the partition suit was not maintainable.

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