Ancestral Property -- Restoration Of Khata Upon Payment Of Revenue Arrears Is An Administrative Act; It Does Not Transform Ancestral Property Into Self-Acquired Property Of Paying Coparcener
Payment of land revenue arrears by a coparcener and subsequent restoration of property in his name does not alter the ancestral character of the property or confer exclusive title upon him. Restoration of khata under the Land Revenue Act is an administrative act reviving pre-existing rights — not a fresh acquisition of title. Property reverts to its original character upon discharge of the revenue charge. Coparcenary rights, being rights by birth, cannot be extinguished except through a registered partition or legally recognised mode of transfer. Deficit payment of court fee is a curable procedural defect and does not extinguish a coparcener's substantive right to seek partition.
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