Son Gets Father’s Property as Individual Heir, Not as Karta: Delhi High Court

The Delhi High Court has held that the property of a father who dies intestate falls on the son in his individual capacity and not as that of the Karta of the family.

The Court gave this decision on the basis of Section 8 of the Hindu Succession Act, which requires the death of the father intestate for a cause of action in favour of the son.

The dispute related to a partition suit over a property acquired by a man who had two sons.

The ruling came in a partition dispute where the younger son claimed absolute ownership of his share after the grandfather’s death.

[Amit Sethi v Lalit Sethi]