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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
Mohan Hircachand Shah – Appellant
Versus
Bina Ketan Samani – Respondent
JUDGMENT :
1. This revision is directed against an order dated 15th March 2024 passed by the learned Civil Judge, Senior Division, Alibag, whereby an application preferred by the applicant-defendant no.1 for rejection of the Plaint under Order VII Rule 11 of the Code of Civil Procedure 1908 (“the Code”) came to be rejected.
2. Shorn of superfluities, the background facts can be stated as under.
2.1 Respondent no.1-plaintiff and respondent nos.2 to 4-defendant nos. 2 to 4 are the daughters of the applicant-defendant no.1.
2.2 Respondent no.1 instituted a suit for partition and separate possession of her 1/5th share in the suit properties asserting that property no. 753 and 752 situated at Dhokawade, Alibag, (suit properties “A” and “B”) and land bearing Survey No. 310 situated at Dhokawade, Alibag (suit property “C”) are the ancestral properties of the plaintiff and defendants. Late Hirachand Shah, the grandfather of the plaintiff, was a big businessman and had business interest in various sectors. Defendant No.1 earned income out of the various ancestral properties which came in the hands of defendant no.1. There were other family properties. However, since the dispute in respect of th
The court emphasized that a plaint must be read meaningfully to determine if it discloses a cause of action, particularly in partition suits regarding ancestral properties.
The main legal point established in the judgment is the distinction between inherited property and property acquired on partition in the context of coparcenary properties. The judgment emphasizes the....
The judgment reinforces daughters' coparcenary rights under the Hindu Succession Act, stating that alienation by male relatives does not bar the daughters' claims for partition of property.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
The court emphasized that ancestral property remains joint family property unless legally disposed of, and the birth of a son creates coparcenary rights.
The main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.
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