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NARENDRA KUMAR VYAS
Krishna Chand Gupta (Since Died) – Appellant
Versus
Indravati Gupta (Died and Deleted) – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. The instant first appeal has been filed under section 96 of the Civil Procedure Code by the appellants/defendants No. 1 to 4 against the judgment and decree dated 21-02-2005 passed by the Second Additional District Judge, Sarguja in Civil Suit No. 31-A of 2002 (in case of Indravati Gupta vs. Krishnachand Gupta and Others) by which the learned trial court has allowed the suit filed by the respondent No. 1/plaintiff Indravati Gupta for declaration, injunction and partition of the suit property.
2. For sake of convenience the parties shall be referred to as per their status shown in Civil Suit No. 31-A of 2022.
3. The brief facts as reflected from the plaint are that the respondent No. 1/plaintiff filed a Civil Suit for partition, possession and for mesne profits arising out of the suit property described in Scheduled A and B of the plaint (which is subsequently referred to as suit property) mainly contending that the suit property is in possession and in the right of the plaintiff Indravati Gupta who was the second wife of Late Lakshmi Prasad Gupta. The marriage was solemnized between plaintiff and late Laxmi Prasad Gupta in the year 1946 after death
The judgment establishes the principle that the coparcenary rights of daughters in ancestral property are determined by the provisions of the Tamil Nadu Act No.1 of 1990 and the Hindu Succession (Ame....
The main legal point established in the judgment is the requirement to prove the validity of a Will in accordance with the law, and the entitlement of daughters as coparceners under the amended Hindu....
(1) Proof of execution of Will—It is for Propounder had to show that Will was signed by testator and testator was in sound and disposing state of mind at relevant time.(2) Partition of coparcenary pr....
Title suit – Once constitution of coparcenary changes by birth or death, shares have to be worked out at the time of actual partition – Shares will have to be determined in changed scenario.
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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