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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Putul Patra – Appellant
Versus
Sukumar Patra – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. The present appeal has been preferred to assail the judgment and decree passed in preliminary form on 23.12.2020 in a suit for partition vide. T.S. no. 116 of 2014 declaring the plaintiff no. 1 and plaintiff no.2 to be 2 entitled to the share to the extent of 10-5/8 dec. and 22-3/8 dec. respectively, defendant nos. 4(Ka), 4 (Kha) & 5 to be entitled to the share to the extent of 1/3rd jointly and whereas the defendant no. 13 to 19 to be entitled to 1/3rd share of ‘Ka’ schedule property and also holding that defendant no. 21 is not the daughter of the Prasanna Patra and is not entitled to any share in ‘Ka’ schedule property.
2. One Sukumar Patra S/o Achintya Patra and one Ajoy Patra S/o Nabin Patra filed one suit for partition. Facts depicted in the plaint, in brief, are as follows:
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....
Legitimacy conferred by law does not grant rights to property of others beyond the parents, reaffirming the need for inclusive consideration of all coparceners in partition cases.
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 ruled that an oral partition was established and the plaintiff cannot claim partial partition without including all relevant properties, adhering to heirs' rights under Hindu law.
Partition – Decree - When Apex Court held final decree is always required to be in conformity with preliminary decree but that does not mean that preliminary decree before final decree is passed cann....
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