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SUNIL DUTTA MISHRA
Ganga Bishun Singh – Appellant
Versus
Suresh Prasad Singh – Respondent
Sunil Dutta Mishra, J.—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 app
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 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.
The main legal point established in the judgment is that once a party agrees to the mode and manner of partition before the Commissioner, they cannot resile from the same.
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.
A joint family is presumed to remain joint unless a clear severance of status is proven, even without a physical division of property.
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.
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....
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