...custom applies to the acquired property of a Muslim taluqdar since under the Mahommedan Law, ancestral and self-acquired properties are subject to the same rule of descent, and that in the case of ...-acquired property of a Hindu taluqdar, the presumed custom only affects the succession upon proof that the property was incorporated with the taluqa, either by intention of the owner or by family custom...executed by Raja Bishwanath on August 29, 1932, did not operate to settle any property being part of the taluqdari estate and governed by the Oudh Estates Act 1 of 1869, for the purposes specified...

...plea of Defendant 1 that the land in question became the self-acquired property of Defendant 2 after partition and, therefore, he was competent to transfer the property in the manner he desired...Defendant 2 lost its character as a coparcenary property and assumed the status of self-acquired property. The aforesaid plea found favour with the lower appellate court and it held that the property...which Defendant 2 got on partition “lost the character of coparcenary property and became the self-acquired property of Gulab Singh”. The lower appellate court further held that once the property is...

...joint Hindu family property. The said property was held to be the self-acquired property of the first appellant. It further held that Respondent 1 has failed to prove that any amount of income was...self-acquired property of the first appellant or it was joint Hindu family property in which the respondent-plaintiffs had 2/3rd share. Answering this question in favour of the respondents, the High....7. The question to be determined in the present case is as to who is required to prove the nature of property whether it is joint Hindu family property or self-acquired ...

...are one, meaning, there is no distinction between ancestral or self-acquired/separate property. The Institution of a joint family like Hindu Undivided Family is an alien to Muslim Law. However, `a...of a Muslim is the heritable property, which is both movable or immovable property and after deduction of expenses such as funeral expenses, expenses for obtaining probates/letters of administration..., unpaid wages/debts and legacies, dower to widow. 13. The Muslim Law does not recognize any distinction between succession to the property of a male and female, in...

...and argued in entirety. 18. It is a trite proposition of Muslim Law, there is no distinction between ancestral property and self-acquired property. A Muslim can transfer inter ...property which they got it from their father should be partitioned, automatically Muslim law of inheritance will come into vogue. 14. The main point to be taken into consideration here..., it is clear that as per the Muslim law, the plaintiff is entitled to 1/8th share in the suit property and the remaining shares belong to the defendants. As such, Ex.A.1 settlement relating to the D...

...others not being put to challenge before us.3. The pristinely legal question, as discernible hereinbefore, is whether under Hindu Law self-acquired property of a father goes on...as regards self-acquired property over which the sons have no legal claim or enforceable rights. Coparcenary and survivorship imply the existence of co-ownership and of rights of partition enforceable...Venkataramanayamma (1902) 25 Mad 678 that sons acquire a right by birth in the father's self-acquired property. Lord Macnaghten observed that he did not quite understand what that right was and...

...denied that there was any joint family property to which the plaintiff could lay a claim. His case was that Items 1 and 2 of Schedule B lands as well as the house property were the self-acquired properties...regard to the father's right of disposition over his self-acquired property and the interest which his sons or grandsons take in the same. Placitum 27, Chapter I, Section 1 of Mitakshara lays down....”9. Quite at variance with this precept which seems to restrict the father's right of disposition over his self-acquired property in an unqualified manner and in the...

...:“Whether the declaration by which the assessee has impressed the character of joint Hindu family property on the self-acquired properties owned by him amounts to a transfer so as...impressed on his self-acquired property the character of joint family property, the same would amount to a transfer of property within the terms of Section 2 (xxiv)(d) and as such is a gift as envisaged...coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a...

...mortgagor had no title to the property. It appears from the evidence that the property was the self-acquired property of the mortgagor's father. There was a dispute between the parties, namely, the sons...of the mortgagor and the mortgagee, as to whether the property was the ancestral property of the mortgagor's father, or whether it was the self-acquired property of the mortgagor's father; but the...learned first appellate Judge, who was the final Court of fact, has found that the property was the self-acquired property of the mortgagor's father. There was a concession made besides on behalf of the...

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...not coparceners.4. However, the defendants contended that the properties were not ancestral properties at all but were self-acquired properties, except for one property which...in the coparcenary property or whether their share is limited only to the self-acquired property of their parents under Section 16(3) of the Hindu Marriage Act?13. Section...has not qualified it with either self-acquired property or ancestral property. It has been kept broad and general.15. Prior to the enactment of Section 16(3) of the...

...inheritance.2. The division of heritage (daya) into sapratibandh (obstructed) and apratibandh (unobstructed)- self-acquired and ancestral-is equally foreign to Muslim law. Whatever property one...property of the female. But, in the Muslim law, all the properties in the name of muslim lady belongs to her irrespective of source of money, from which, it was purchased. There is no concept of...of 14 Kathas at Kanta Toli, Ranchi, which is Item no. 1 of Schedule A to the plaint was acquired by Md. Yakub. Similarly, the properties i.e the land measuring 5 kathas and house property comprised...

...of jointness in the family properties asserts his claim that some properties out of entire lot of ancestral properties are his self-acquired property. (See Mulla, Hindu Law, 22nd Edn. Article 23...“Presumption as to coparcenary and self-acquired property”, pp. 346 and 347.)20. In our considered opinion, the legal presumption of the suit properties comprising in...in Schedules B, C, and D.7. The declaration was sought in relation to the suit properties in SchedulesB and C that these properties be declared as plaintiffs' self-acquired...

...assessee on the ground that “throwing into the hotchpotch one's self-acquired property, and a subsequent partition amongst the members of the Hindu undivided family is an indirect transfer of the property...the facts and circumstances of this case the throwing into the hotchpotch of the applicant's self-acquired property and the subsequent partition among the members of the Hindu undivided family is an...act of throwing the self-acquired property into the hotch-potch, nor the partition of joint family property was a transfer within the meaning of Section 16(3)(a)(iii) or Section 16(3)(a)(iv). If the...

...accounts and he received rent from an immovable property called “Kathoke Lodge”. These were his self-acquired properties and until Assessment Year 1956-57, he used to be assessed as an individual in...is open to a male member of a joint Hindu family to convert his self-acquired property into joint family property by throwing it into the common hotchpot; that for effectuating this purpose it is...family property was an essential pre-requisite to throwing the self-acquired property into the common stock was raised but was not pressed in the High Court.6. On these...

....5. The question, therefore, is whether on re-grant made under sub-section (1) of Section 5, the attached watan lands assumed the character of the self-acquired property to Balwant, the...; the re-grant and the terms contained therein determine the rights of the parties. Since it was a re-grant made personal to the watandar, the property became his self-acquired property. After the Hindu...Succession Act, 1956 has come into force, it has become the self-acquired property in terms of the sanad and Balwant was responsible to the State Government for payment of the land revenue. Therefore...

...to inherit self acquired property of Sh. Karni Singh Rathore. Counsel for the appellant has not disputed that the appellant raised a plea in her written statement that plaintiff No.2 being ...to how the provisions of Section 26 of the Act can be invoked to decide rights of succession of a Hindu wife to self acquired property of her husband who had converted to Islam. In the given..., vide order dated 27.02.2019 called upon counsel for the appellant to address that if a Hindu converts to Islam and previously had a Hindu wife, what are rights of that Hindu wife in the self acquired...

...the share in the property as claimed.5. The suit was contested mainly with the plea that the plaintiff could claim share only in the self-acquired property of her deceased...certain items of property.7. The stand of the appellant-defendants was that the plaintiff could not claim any share in self-acquired property of the members of the joint...properties in Schedules ‘A’ to ‘G’ except property bearing CTS No. 3241 mentioned in Schedule ‘A’ in which the share sought was 1/28th.4. According to the case of the...

...inheritance. 2. The division of heritage (daya) into sapratibandh ('obstructed') and apratibandh ('unobstructed')-self-acquired and ancestral- is equally foreign to Muslim law. Whatever ...inherits (whether from his ancestors or from others) is, at Muslim law, one's absolute property- whether that person is a man or a woman.... 3. In Muslim law, so long as a person is alive he or she is the absolute owner of his or her property; nobody else (including a son) has any right, whatsoever, in it. It is only when the...

...contended, inter alia, in his written statement that the suit property is his self-acquired property because he purchased the same by his own efforts by a registered sale deed (Ext. P-1) and hence, neither...interpretation of documents (exhibits), the questions did constitute substantial questions of law.16. The questions as to whether the suit property is self-acquired property of late...suit property is self-acquired property of the appellant (Defendant 1) on the strength of documents filed by him and, if so, whether it has resulted in excluding Respondent 1 to claim any share in such...