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RAJESH S. PATIL
Maruti Janu Mhaskar – Appellant
Versus
Muktabai Suryakant Bhoir – Respondent
No legal document content was provided in the
JUDGMENT :
RAJESH S. PATIL, J.
1. This second Appeal is filed by legal heirs of Original Defendant No. 1, challenging the concurrent findings recorded by Civil Judge Junior Division, Ulhasnagar and as confirmed by District Court, Kalyan. Respondent no. 1 in this second appeal is the Original Plaintiff being the sister of Original Defendant no. 1 to 4, who had filed Regular Civil Suit No. 258 of 1991, in the Court of Civil Judge Junior Division, Ulhasnagar praying for declaration that she has 1/5 share in the properties of her deceased father Janu, and for possession of the said 1/5 share of her’s, and further for a declaration that her brother Maruti (Defendant No. 1) and brother Gannupath (Defendant No. 2), and her two sisters Gulab (Defendant No. 3) and Hirabai (Defendant No. 4), also have 1/5 share, in each of the properties of their father.
2. For the sake of brevity, parties are referred as per their original nomenclature in the Trial Court. It was the case of the plaintiff (who is the sister of Defendant) in her suit for partition, that her father died somewhere in the year 1959. And subsequently, thereto even her mother died in the year 1982. The said suit being R.C.S. No. 258/
Daughters have equal rights in coparcenary property regardless of marriage status, and oral partitions not supported by registered documents are not recognized.
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
(1) Where there is a direct collision between law made by State and that made by Parliament with respect to one of matters enumerated in Concurrent List, then, subject to provisions of clause (2), St....
The main legal point established in the judgment is that the Central enactment prevails over the State law, and the daughters, including those married prior to 1994, are entitled to an equal share in....
Daughters are equal co-parceners with sons by birth, and the right is conferred by birth and not by inheritance, as per the Hindu Succession Amendment Act, 39 of 2005.
The amended provisions of Section 6 of the Hindu Succession Act apply to pending proceedings and confer equal rights to daughters in a coparcenary property. The rights of daughters are by birth and n....
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