...partition agreement. (9) After the filing of the suit, another son was born to Nageswara Rao and he came on record as the second plaintiff. (10) The trial court...ground that Ex. A 1 evidenced a partition effected between Nageswara Rao, his father and his then only son at which no share was assigned to Nageswara Rao and this enabled his after-born sons to re...of a person born after partition. After referring to several of the texts dealing with the rights of after-born sons, the learned Chief Justice summed up the position in these words : "The son born...

...father's favour” finds a place in the list of things of which no partition can be directed. This is emphasised in Section 6 of Chapter I which discusses the rights of posthumous sons or sons born after partition. In Placitum 13 of the section it is stated that though a son born...after partition takes the whole of his father's and mother's property, yet if the father and mother has affectionately bestowed some property upon a separated son, that...exclusively for his benefit and capable of being dealt with by him at his pleasure or that the apparent gift was an integral part of a scheme for partition and what was given to the son was really...

...legally separated from their father have not, on his death, any claim to inherit his property with a son not separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as...authorities would seem to indicate that re-united and divided sons are ordinarily on an equal footing.37. But if a son is born after separation, it would appear that a re-united son acquires a preferential status vis-a-vis the divided sons. As regards the after-bom son, there are clear provisions. Manu says: “But a son born after partition shall...born after a division shall alone take the parental wealth’.” Placitum 6 says: “Thus, whatever has been acquired by the father in the period subsequent to partition, belongs entirely to the son born after separation. For it is ordained: ‘All the wealth which is acquired by the/father himself who has made a partition with...

..., on his death, any claim to inherit his property with a son not separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as.... Sadashiv Dhundiraj. Thus as regards sons, the authorities would seem to indicate that re-united and divided sons are ordinarily on an equal footing.But if a son is born after separation, it would appear that a re-united son acquires a preferential status vis-a-vis the divided sons. As regards the after-born son, there are clear provisions. Manu says: “But a son born after partition shall..., section 6, placitum 4, where it is said: “The same rule is propounded by Manu: ‘A son born after a division shall alone take the parental wealth.”Placitum 6 says: “Thus, whatever has been acquired by the father in the period subsequent to partition, belongs...

...date of the partition, and (2) another son, by the same Kasi Ammal born on the 18th November, 1935, nearly a year after the partition. The contention of the subsequently born son who is the appellant...of Mullah's Hindu Law to the following effect,“Where the father has not reserved a share for himself at a partition with his sons, a son who is born as well as begotten after the...the respondents contends however that the rule has been too broadly enunciated and according to him, it requires to be qualified. It is said that the after born son cannot reopen the partition even...

...daughter born after disruption of, the joint status can have no such right any more than a son born after partition. It follows that a claim for the marriage expenses of the second daughter is...M.L.J. 419. There the allotment of a certain property as Jyeshtabhagam at a family partition was attacked subsequently by one of the brothers who consented to such allotment and his son who was a...(F.B.) already referred to, is traceable to her now obsolete right to a share in the family properties, cannot stand on a higher footing than the claim of the son born subsequent to a division in the...

...re-opened,—which it cannot, “for a son born after partition has no claim of the wealth of his brothers” —or some equivalent for the share he would have been entitled to had he been alive at the time of...mother after death,” with the reservation that he will only take the mother's portion, should she leave no daughters surviving her. The same principle is enunciated by Manu: “A son born after division Shall alone take the parental wealth,” that is, what appertains to both father and mother. Vrihaspati upon this point also observes: “All the wealth which is acquired by the father himself, who has made a partition with...sons, goes to the son begotten by him after the partition; those born before it are declared to have too right”. We likewise find this subject fully discussed at pp. 92 and 93 of...

...became entitled each to one fifth share of the joint family properties. If the claim of defendant 5 is accepted, their shares will necessarily be reduced. The rights of a son born after partition - often...defendants was entitled to arrears of maintenance. (3) Whether it was open to defendant 5, born more than 3 years after the partition suit began, but before the actual division of the estate, to claim a...he was born after the suit for partition. It is not disputed that he was begotten as well as born after the institution of the suit for partition. The institution of such a suit by a member of a...

...years after the partition suit began, but before the actual division of the estate, to claim a separate share in the joint family estate as an "after born son," i.e. in other words, whether the Courts...will necessarily be reduced, The rights of a son born after partition-often referred to as an "after born son"-under the Hindu law, was much discussed by Hindu jurists, for the ancient texts bearing..., It is enough to state that the law is well settled that a son begotten as well as born after the partition, where a share has been allotted to the father, as in the present case, is not entitled to...

...relies on the analogy of an after-born son, a disqualified coparcener or his heir and an absent coparcener, to show that though a partition has taken place amongst the members of a joint family, it can...this subject.Mr. Desai, in the course of his argument, relied upon certain analogies, and he instanced the case of an after-born son, the case of a disqualified coparcener and of the son of such a disqualified coparcener, and the case of an absent member, that is to say, the case of a member who was absent when a partition was...these analogies in detail, but it may be pointed out that in the case of an after-born son special rights are given to him by virtue of special texts. Under the Hindu law when a partition is effected by...

...section 4, placitum 28 of Mitakshara. This is emphasised in Sec. 6 of chapter I which discusses the rights of posthumous sons or sons born after partition. In placitum 13 of the section it is stated that though a son born...after partition takes the whole of his father's and mother's property, yet if the father and mother has affectionately bestowed some property upon a separated son, that must remain....2. “Key facts” necessary for the adjudication of this appeal are that the appellant-plaintiff (herein after referred to as ‘plaintiff’ for convenience sake) instituted a suit for possession of...

...the author's own; there is nothing corresponding to it even in the Dayabhaga system of Jimutavahana. The Mitakshara bases this rule on the analogy of the after-born son. Having introduced this conception, Vignaneswara does not pause to make it clear whether this doctrine of restoration is to be applied, even to cases of strict inheritance (Sapratibandha) by co-heirs or only to cases of partition among...must be taken to be the same in both cases. 12. In understanding the analogy of the after born son, the distinction between two such cases must be kept in view. There is one provision for the ' after-born ' son in the sense of a son born after partition to...-opening of the partition but the after born son lakes what belongs to the father. (For what happens when the father has not reserved a share for himself see...

...provided that sons legally separated from their father have not, on his death, any claim to inherit his property with a son not separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as...was no difference or distinction as regards succession of self-acquired property in the two Schools of Law. 18. The declaration of Sarasvati Vilas to the effect that the son born after partition shall...self- acquired property of the father divided from his sons goes entirely to the son born after that partition. Those born before have been declared to have no right over it. Per majority, it was...

...with a son not separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as well as any wealth acquired by the father.... 18. The declaration of Sarasvati Vilas to the effect that the son born after partition shall divide with such of the brothers as lived in reunion with the father after partition and...noticed. The Full Bench noticed a common thread running in all the Shastric texts that the self- acquired property of the father divided from his sons goes entirely to the son born after that partition. Those...

...with a son not separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as well as any wealth acquired by the father.... 18. The declaration of Sarasvati Vilas to the effect that the son born after partition shall divide with such of the brothers as lived in reunion with the father after partition and...noticed. The Full Bench noticed a common thread running in all the Shastric texts that the self- acquired property of the father divided from his sons goes entirely to the son born after that partition. Those...

...considering the question "How shall a share be allotted to a son born subsequently to a partition of the estate? "Such a son, he says, obtains, after the demise of his parents, both their portions. Then he adds..., Section VI, § 2, it is laid down that a son born after partition "obtains after the demise of his parents both their portions his mother's portion, however, only.... Ganga Ram owned a 21/2 biswa share in mauza Amba Madanpur, After his death a partition of the property took place, one-half being recorded in the names of the sons by his first wife and the other half...

...Hindu had both natural-born and subsidiary sons. (9) But a son born after partition shall alone take the property of his father, or if any (of the other sons) be reunited with (the...partition, be considered as an estate of the natural father. In other words, that text (ch. IX V. 142) contemplates only the loss of right that might accrue to an adopted son after the date of adoption and..., the brother born next after him one (share) and half, the younger ones one hare each; thus the law is settled (Chap. IX v. 117). The paternal estate would be divided in the aforesaid...

...the suit. The effect of the decree was that a son born to Ramcharanlal after the partition was entitled to a share out of the ⅔rd share of the property allotted to them and had no right to claim...ancient Hindu law texts and their commentaries in discussing the rights of a son born after partition. In that case the question was whether a posthumous son could challenge the settement made by his...the ancient Hindu law texts and their Commentaries in notes (t)(u) and (v). The law regardnig the rights of a son born after partition has been accurately and concisely summarised in these terms...

...the share obtained on partition by a member in Joint Hindu family property retained its character of joint property and that an after-born son took an interest in it by birth. The rule in Hindu Law...that if ancestral property which had become ancestral joint family property is divided and a share taken by a father, a son born to that father after partition will get an interest in that property...other hand, there are indications that a son born after partition of such property cannot take an interest in it by birth. Where a father separating from his sons has reserved a share to himself a son...

...separated. Thus, where a father separates from his sons, an after-born son alone inherits the share which his father took on partition as well as any wealth acquired by the father subsequent to.... 18. The declaration of Sarasvati Vilas to the effect that the son born after partition shall divide with such of the brothers as lived in reunion with the father after partition... 21 entirely to the son born after that partition. Those born before have been declared to have no right over it. Per majority, it was concluded that a...