C.N. Arunachala Mudaliar v. C.A. Muruganatha Mudaliar (1953)
Classroom-style explainer on ancestral vs self-acquired property when a father gifts his separate property to his son.
Quick Summary
The Supreme Court clarified a common doubt: If a father gifts his self-acquired property to his son, does it turn ancestral? The answer is No, unless the instrument (like a will or gift deed) clearly shows that intention.
- Supreme Court
- 1953
- AIR 1953 SC 495
Issues
- Does a father’s self-acquired property, when gifted or willed to his son, become ancestral in the son’s hands, or remain the son’s separate property?
Rules
Property given by a father to his son does not automatically become ancestral simply because it came from an ancestor. It is separate/self-acquired in the son’s hands, unless the document shows a different, clear intention.
Facts (Timeline)
Arguments
Plaintiff (Son)
- Claimed a coparcenary right and one-third share on partition.
- Asserted properties in father’s hands were ancestral.
Defendants (Father & Others)
- Properties came to father as self-acquired under a will; thus, no joint family nucleus.
- Jewellery either did not exist or belonged to Defendant No. 3 alone.
Judgment
The Supreme Court allowed the appeal. On a holistic reading of the will, the Court held the testator meant the sons to take the properties as their absolute/self-acquired estates, not as ancestral property. The lower courts’ decrees were set aside.
Ratio Decidendi
The character of property in the donee son’s hands depends on the donor’s clear intention. A father’s self-acquired property gifted or willed to a son remains separate unless the instrument expressly creates ancestral/coparcenary rights.
Why It Matters
- Draws a bright line between separate and ancestral property after a parental gift.
- Guides drafting: use clear words if ancestral rights are intended.
- Frequent exam topic in Hindu law & property.
Key Takeaways
- Gift from Father ≠ Ancestral by default.
- Instrument rules: read the will/gift deed as a whole.
- Need explicit intention to create coparcenary rights.
Mnemonic + 3-Step Hook
Mnemonic: “G.I.F.T.” — Gift • Intention controls • Father’s separate • Turns ancestral only if stated.
- Identify the source: self-acquired or joint?
- Read the instrument fully for intention.
- Classify the property in the donee’s hands.
IRAC Outline
| Issue | Does a gift/will of a father’s self-acquired property make it ancestral in the son’s hands? |
|---|---|
| Rule | No automatic conversion; the son holds it as separate property unless the instrument shows the opposite. |
| Application | The 1912 will, read as a whole, showed intention to grant absolute ownership to the sons, excluding coparcenary claims. |
| Conclusion | Appeal allowed; property treated as self-acquired in the son’s hands; lower court decrees set aside. |
Glossary
- Ancestral Property
- Property in which birthright exists for male coparceners by virtue of descent.
- Self-Acquired Property
- Property owned in a person’s individual capacity, not as part of joint family assets.
- Coparcenary
- A narrower body within a joint Hindu family with rights by birth in ancestral property.
FAQs
Related Cases
- Mallesappa Bandeppa Desai v. Desai Mallappa — intention and character of property.
- Kuppammal v. Saradamani — absolute vs limited estate from instruments.
- Commissioner of Wealth Tax v. Chander Sen — treatment of property in hands of son under tax/Hindu law context.
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