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RUDRA PRAKASH MISHRA
Umesh Singh – Appellant
Versus
Kapildeo Singh – Respondent
Rudra Prakash Mishra, J.—The present appeal has been filed against the judgment dated 24.06.1978 and decree dated 04.07.1978 passed by 2nd Additional Sub Judge, Monghyr in Title Suit No. 116 of 1973/3 of 1977 by which the learned Court below has been decreed the suit in favour of the plaintiffs.
2. For better appreciation of case, the parties shall be referred according to their status before the lower Court.
3. The case of the plaintiffs (respondents herein) is that the plaintiffs and defendants 1st parties are joint family governed by the Mitakshara School of Hindu Law and are related to each others as Shown in the Genealogical Table given below:—
| Kuldip Singh Died 1947 | |||
| Narsingh Singh (Died 1940) | Mathura Singh (Defendant 1) | Sarjug Singh (Plaintif 1) | Ambika Singh |
| Wife-Tilo Kumari | Wife -Dasho Devi (Defendant 2) | Son-Kapildeo (Plaintif 2) | Son-Kapildeo (Plaintif 4) |
| Daughter- Chandra kumari (Defendant 4) | Daughter-Sunita Devi (Defendant 3) | Son-Arjun Singh (Plaintif 3) |
|
The common ancestor Kuldip Singh (father) owned and possessed landed properties mentioned in Schedule "A" of the plaint. In the life time of Kuldip Singh, the eldest son Narsingh S
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 joint Hindu family's property remains joint unless the asserting party proves separation or prior partition; the burden of proof lies with the party claiming such separation.
There can be partial partition between coparceners of a Hindu joint family – It is always open to members of joint Hindu family to divide some properties of family and to keep remaining undivided.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
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