The Court clarified the application of the Hindu Succession Act in property disputes, emphasizing the rights of female heirs and the limitations on partition of dwelling houses under Section 23 of the Act.

Prathiba M. Singh, J.

1. Late Sh. Sriram Sharma was the owner of property bearing no.1944, Katra Kushal Rai, Kinari Bazar, Kachcha Katra Delhi-110006 measuring 86.50 sq. yds. (hereinafter, ‘suit property’). He passed way in 1980 leaving behind six daughters and one son. Sh. Arun Kumar Sharma - his son, Smt. Neena Sharma and Smt. Ganga Sharma – two daughters (Appellants No.1 to 3) are in possession of the suit property and were Defendant Nos.1, 4 and 5 in the subject suit (hereinafter, ‘Defendants’). Smt. Santosh Shukla i.e., the Plaintiff is one of the daughters of Sh. Sriram Sharma and was married 35 years prior to filing of suit. The other two sisters, Smt. Kamla Devi and Smt. Prem Lata Mishra were married 40 and 60 years ago respectively.

2. One daughter Smt. Indira Gupta died leaving behind one son Sh. Pawan Kumar Gupta – Appellant No.4, and Smt. Poonam Jain – Respondent No.4 herein was the married daughter of Smt. Indira Gupta. Smt. Poonam Jain remained ex-parte all along. Smt. Indira Gupta passed away in 1999. The family tree of the parties involved is below:

Grandfather (deceased)
Sham Sunder Sharma (deceased)	Sriram Sharma (deceased)
Pandit Ram Kishan Sharma	Arun Kumar Sharma –D1/A1	Neena Sharma - D4/A2	Ganga Sharma - D5/A3	Santosh Shukla – Plaintiff/R1	Kamla Devi – D2/R2	Prem Lata Mishra –D3/R3	Indira Gupta (decesed)
							Pawan Kumar Gupta – D6/A4	Poonam Jain – D7/R4

3. The suit was filed by the Plaintiff Smt. Santosh Shukla. The property was initially 173.50 sq. yds. A partition took place between Sh. Sriram Sharma and his brother due to which 86.5 sq. yds fell into the share of Sh. Sriram Sharma and his family. According to the Plaintiff, each of the children of Sh. Sriram Sharma has 1/7th share in the property. She got issued a legal notice on 15th May, 2013 seeking partition. The Defendants replied vide letter dated 1st June, 2013 refusing partition. Thus, the suit came to be filed in November, 2013 before the Trial Court seeking the following relief’s :

“It is, therefore, most respectfully prayed that this Hon’ble court may kindly be pleased to:

A. Pass a decree of partition in favour of the plaintiff and against the defendants No.1 thereby partitioning the suit property i.e., property bearing No. 1944, Katra Kushal Rai, Kinari Bazar, Kachcha Katra, Delhi-110006, measuring area about 86.50 sq. yds. (more specifically shown in red colour in the site plan) in 1/7th equal share with meets and bounds.

B. Pass a decree of declaration in favour of the plaintiff and against the defendants thereby declaring the plaintiff as the owner of 1/7th equal share in the suit property i.e., property bearing No. 1944, Katra Kushal Rai, Kinari Bazar, Kachcha Katra, Delhi – 110006, measuring area about 86.50 sq. yds. (more specifically shown in red colour in the site plan).

C. Pass a decree of possession in favour of the plaintiff and against the defendants, thereby directing the defendants, their legal heirs, successors, attorneys to give and handover the peaceful and vacant possession of 1/7th share/portion to the plaintiff in the suit property i.e., property bearing No. 1944, Katra Kushal Rai, Kinari Bazar, Kachcha Katra, Delhi – 110006, measuring are about 86.50 sq. yds. (more specifically shown in red colour in the site plan), after partitioning the suit property with meets and bounds.

D. Pass a decree of permanent injunction in favour of the plaintiff and against the defendant No.1 thereby restraining the defendant No.1, his agents, legal heirs, successors, attorneys, family members or any other person acting on behalf of the defendant No.1 from selling, transferring, alienating or parting with the possession of any portion of the suit property i.e., i.e., property bearing No. 1944, Katra Kushal Rai, Kinari Bazar, Kachcha Katra, Delhi – 110006, measuring area about 86.50 sq. yds. (more