Question

When a Hindu inherits the property from his father under Section 8 of the Hindu Succession Act 1956, he takes it as :

A Co-owner Correct Answer Incorrect Answer
B Joint family property Correct Answer Incorrect Answer
C His separate property Correct Answer Incorrect Answer
D Tenants in common Correct Answer Incorrect Answer

Solution

In Lal Chand through LRS v. state of Haryana 2018, the court mentioned that if the property devolved upon the heirs in accordance with Section 8 of Hindu Succession Act, the property in the hands of recipients is not an ancestral property rather it is his individual property. Similarly, in Judgment of Yudhishthir v. Ashok Kumar, 1987, it is held that property devolved on Hindu under Section - 8 would not be HUF in his hands vis-a-vis his own sons.

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