A. S. BOPANNA, J. B. PARDIWALA
Prasanta Kumar Sahoo – Appellant
Versus
Charulata Sahu – Respondent
Based on the provided legal document, the key points are as follows:
The daughter has been recognized and treated as a coparcener with equal rights and liabilities as a son, regardless of whether she was alive at the commencement of the relevant amendment. Her rights are conferred by birth, and her entitlement is not dependent on her being alive at the time of the amendment's start date (!) .
The right of appeal, including cross-appeals, is a creature of statute. Cross-appeals are considered exercises of substantive rights and follow the same procedural principles as appeals, with variations in procedure (!) .
In cases involving suit compromises, the agreement must be in writing, signed by all parties, and capable of being embodied in a decree. Decrees based on settlements amongst only some parties cannot be maintained unless all necessary parties have consented, and the genuineness and lawfulness of the compromise must be verified by the court (!) .
The nature of the properties (whether ancestral or self-acquired) is a significant factor, but the law now recognizes that daughters, as coparceners, are entitled to rights in ancestral properties, including those acquired before the amendment, provided the partition or disposition was not made before a specific cutoff date. The law emphasizes that rights are conferred by birth and are not dependent on the survival of the coparcener at the time of the law's commencement (!) .
The legal amendments, particularly the 2005 law change, have altered the legal landscape, conferring coparcenary rights on daughters born before the law came into effect, with certain savings for prior dispositions or partitions. The amendments are applicable retrospectively to cases where the rights of daughters are involved, affecting the determination of shares and property rights (!) .
When a partition has been effected by a registered deed or court decree before a certain date, the provisions of the law do not apply retroactively to invalidate such partition. However, in ongoing proceedings, the law's change can influence the final determination of shares (!) .
The validity of settlement agreements depends on proper authorization and signature by all parties, especially in joint property cases. Agreements entered into without the express consent of all coparceners or without proper legal formalities are invalid (!) .
The authority of advocates to settle or compromise claims on behalf of clients requires specific and explicit instructions. An advocate cannot bind a client to a settlement without proper authorization, and any such settlement must be lawful and supported by the client's instructions. The court must scrutinize the genuineness and lawfulness of such agreements before recording them (!) .
Orders or decrees based on settlements or compromises must be supported by proper signatures and authorization. Orders obtained without proper consent or through misrepresentation are invalid. Courts are responsible for ensuring that settlements are lawful and that all parties have authorized the agreement (!) .
The final decision emphasizes that the rights of daughters as coparceners are now fully recognized and that the law requires their inclusion in the coparcenary, with their shares to be determined accordingly. Any previous arrangements or settlements that conflict with this legal position must be reconsidered or set aside if invalid (!) .
In summary, the legal principles underscore the importance of lawful, properly authorized agreements and the recognition of daughters as coparceners with equal rights, influenced significantly by recent amendments to the law. The courts are tasked with ensuring that all proceedings, especially those involving property settlement and partition, adhere strictly to legal formalities and substantive rights.
JUDGMENT :
J. B. PARDIWALA, J.
1. Since the issues involved in both the captioned appeals are interrelated; the parties are also same and the challenge is also to the self-same judgment and decree passed by the High Court of Orissa, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
2. Both the captioned appeals are at the instance of the legal representatives and heirs of the original defendant No. 1 (Late Shri Prafulla Sahoo S/o Kumar Sahoo) and are directed against the judgment, order and decree passed by a Division Bench of the High Court of Orissa at Cuttack dated 5.05.2011 in AHO No. 133 of 2000 by which the Division Bench of the High Court dismissed the Letters Patent Appeal filed by the appellants herein thereby affirming the judgment and decree of partition passed by the Trial Court in the Title Suit No. 348 of 1980 instituted by the original plaintiff (Respondent No. 1 herein) and on the other hand allowed the cross-objections filed by the Original Defendant No. 2, thereby setting aside and declaring the compromise re
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