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TMI Blog2013 (12) TMI 1696X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon his father and him too by inheritance from his grandfather, who in turn had earlier inherited it from his father (i.e. from the appellant's great- grandfather). It is thus claimed that the suit property was an HUF property because of this hereditary succession of the ancestral property. 2. The suit was dismissed on the ground that the plaintiff had not been able to establish as to how the mere ownership of property of the grandfather Mr.Tulsi Ram and then to his father Late Shri Kali Ram and, if at all, subsequently to him formed a part of a HUF. His suit was dismissed by the learned Single Judge vide order dated 7 th September, 2012 wherein it was noted that Mr.Tulsi Ram died on 2 nd November, 1980 i.e. after the enact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which both were members. 4. This Court has considered the arguments. The law has been laid down by the Supreme Court in Chander Sen and Yudhister (supra). In the latter case, it has been held: 11. This question has been considered by this Court in Commr. of Wealth Tax, Kanpur v. Chander Sen (1986) 3 SCC 567 : (AIR 1986 SC 1753), where one of us (Sabyasachi Mukharji, J.) observed that under the Hindu law, the moment a son is born, he gets a share in father's property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth. Normally, therefore whenever the father gets a property from whatever source, from the grand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If that be the position then the property which devolved upon the father of the respondent in the instant case on the demise of his grandfather could not be said to be HUF property. If that is so, then the appellate authority was right in holding that the respondent was a licensee of his father in respect of the ancestral house. (emphasis supplied) 5. The appellant has not claimed or set up his case on the basis of an existing HUF apropos the suit property and the consequent devolution of hereditary rights equivalent to that of his father. His claim is premised, but not proved, upon the act of inheritance by the father of the grandfather's property thus entitling him to a claim in the ancestral property . Section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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