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SUNIL DUTTA MISHRA
Ganga Bishun Singh son of Late Sri Bihari Singh – Appellant
Versus
Suresh Prasad Singh son of Late Ram Prasad Singh – Respondent
JUDGMENT :
1. First Appeal No.326 of 1986 has been filed against the preliminary decree dated 08.04.1986 passed by learned Subordinate Judge-III, Vaishali at Hajipur in Partition Suit No. 26 of 1981 whereby the learned trial Court decreed the plaintiffs’ suit for partition on contest without cost against defendant nos.1 and 2 and ex-parte as against other defendants. It was held that the plaintiffs (sons and widow of deceased Ram Prasad Singh) and defendant nos. 14 to 17 (daughters of deceased Ram Prasad Singh) have got 1/3rd share in the suit properties and the two branches comprising the defendants, branches of Bihari Singh and Thakur Singh have 1/3rd share each in the suit properties. Accordingly, it was directed to draw preliminary decree.
2. First Appeal No.84 of 2016 has been preferred against the final judgment and decree dated 01.08.2016 passed by learned Subordinate Judge III, Vaishali at Hajipur in Partition Suit (F.D.) Case No.26 of 1981. The learned trial Court confirmed the Pleader Commissioner’s Report dated 29.09.2004 carving out a separate patti for the plaintiffs out of the lands mentioned in the preliminary decree dated 08.04.1986.
3. Both the aforesaid appeals have
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
The amendment to Section 6 of the Hindu Succession Act establishes that daughters are coparceners with equal rights in ancestral property, and oral partitions are not sufficient without formal docume....
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
The burden of proof in establishing joint family property and partition lies with the party alleging its existence. The court also emphasized the entitlement of daughters to share in joint Hindu fami....
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
A joint family is presumed to remain joint unless a clear severance of status is proven, even without a physical division of property.
Rule 73 of Rules reads as duties of Registering Officer.
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