P&H: Rehabilitation allotment in lieu of ancestral property left in Pakistan retains coparcenary character, Sets aside Gift And Sales

punjab-haryana
⚖️ Order Date: 19 May 2026
Headnotes
Hindu law — Coparcenary/ancestral property — Rehabilitation allotment in lieu of ancestral property left in Pakistan — Rehabilitation allotment made by Custodian Department was compensatory in nature and merely represented substitution of property left in Pakistan - Once original property possessed ancestral/coparcenary character, substituted property retained same legal incidents in hands of allottee - Mere conferment of ownership rights through sanad allotment did not convertancestral property into self-acquired property. (Para 27) Hindu law — Coparcenary/ancestral

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Facts of the Case
P&H: Rehabilitation allotment in lieu of ancestral property left in Pakistan retains coparcenary character, Sets aside Gift And Sales The Punjab and Haryana High Court has allowed a set of Regular Second Appeals, declaring void a 1967 gift deed and subsequent sale deeds concerning 92 kanals 7 marlas of land. P&H High Court held that land allotted in India in lieu of ancestral holdings left in West Pakistan during Partition retains its ancestral/coparcenary character. The

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