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ARUN KUMAR JHA
Suresh Rai, Son of Late Ram Surat Rai – Appellant
Versus
Urmila Devi, Wife of Suresh Rai – Respondent
JUDGMENT :
(Arun Kumar Jha, J.)
The instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated
25.06.2018 passed in Partition Suit No.92 of 2014 by the learned Sub Judge-V, Chapra whereby and whereunder the petition dated 25.06.2015, filed by the petitioner questioning the maintainability of the suit has been rejected.
2. Briefly stated the case of the parties, as it appears from the record, is that the plaintiffs/respondents 1st set have filed Partition Suit No.92 of 2014 against the petitioner and respondents 2nd set claiming 4/25 share in the disputed properties as mentioned in Schedule-1 of the plaint. The parents of the petitioner were Ram Suran Rai and Chhatho Devi, who had four sons and one daughter including the petitioner. The father of Chhatho Devi was Gaya Rai, who gifted the properties of Schedule 1 of the plaint to his daughter by a registered deed of gift dated 30.12.1966. Chhatho Devi came in possession after accepting the gift deed. When Chhatho Devi died, her husband and her children inherited the suit properties. The respondents 1st set are the wife, sons and daughter of the petitioner, who filed the suit for par
A partition suit concerning property inherited from a female Hindu cannot be maintained as coparcenary property, as such property is held as absolute ownership under the Hindu Succession Act.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
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 amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
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