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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
Rohit W. Joshi
Babasaheb s/o. Raghunath Makode – Appellant
Versus
Leelabai @ Neelabai w/o. Babulal Deshmane – Respondent
JUDGMENT :
1. Appellants in the present appeal are original defendants and respondent is the original plaintiff. Respondent/plaintiff is sister of Raghunath who is deceased father of appellant Nos.1, 2, 4 to 6 and husband of appellant No.3. The parties will be referred in the body of the judgment as plaintiff and defendants.
2. The plaintiff has filed a suit for partition and separate possession against defendants who are widow and children of her late brother Raghunath being Regular Civil Suit No.68 of 2013 inter alia claiming partition and separate possession with respect to the suit properties which comprise of an agricultural land. She has given up right to seek partition with respect to residential house. The defendants appeared in the matter and opposed the suit contending that the plaintiff had relinquished her share in the properties of the family in the year 1988 and was therefore not entitled to the relief of partition and separate possession.
3. Maruti i.e. father of the plaintiff and deceased Raghunath, is the original owner of the suit property. He expired on 04.05.1981, leaving behind three class-I legal heirs, namely Thakubai, his widow, plaintiff, his daughter and Ragh
The Hindu Succession (Amendment) Act, 2005 grants daughters co-parcener status from birth, making any prior relinquishment of rights invalid for partition claims.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
Oral relinquishments of joint family property rights are insufficient without written documentation; statutory rights persist despite prior agreements made by family members.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
The court affirmed that upon the intestate death of a family member, heirs succeed to the estate, necessitating a fresh trial to consider these developments and their implications for partition of in....
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
Conveyances of immovable property valued above Rs.100 must be through registered instruments; unregistered relinquishments are ineffective for title transfer.
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