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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
S. Dalbir Singh Flora S/O- Late Sohan Singh Flora – Appellant
Versus
S. Pal Singh Flora, S/O- Late Sohan Singh Flora – Respondent
| Table of Content |
|---|
| 1. description of family and property ownership (Para 3 , 4 , 5 , 6 , 8 , 9) |
| 2. arguments against daughters' inheritance rights (Para 11 , 15 , 16) |
| 3. court's findings on trial court issues (Para 12 , 13 , 17 , 18) |
| 4. instructions for remand and fresh judgment (Para 19) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1.Heard Mr. A.C. Sarma, learned senior counsel representing the appellant as well as Mr. D.J. Mahanta, learned counsel appearing for the respondents.
2. This is a Regular First Appeal under Section 96 of the Code of Civil Procedure (CPC) whereby the judgment dated 27.03.2019 passed by the court of learned Civil Judge No.1, Kamrup (M) at Guwahati in Title Suit No.338/2015 is under challenge.
3. The present respondents, being the plaintiffs before the trial court, are the legal heirs of late Sohan Singh Flora and late Pritam Kaur Flora. They follow Hindu religion. In fact, late Sohan Singh Flora and late Pritam Kaur Flora had seven children including the present respondents, the present appellant and late Jasbir Singh Flora.
4. The respondent S. Pal Singh Flora, late Jasbir Singh Flora and the appellant S. Dalbir Singh Flora are the sons. The respondents Mrs. R. Ravinder Ka
Daughters' entitlement to inheritance under Hindu law is dependent on the date of the father's death and adherence to statutory provisions regarding limitation for partition claims.
Daughters of the deceased are entitled to inherit equally under Hindu law, notwithstanding prior claims of inheritance barred by limitation, requiring a fresh legal assessment.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
Daughters are recognized as coparceners under the Hindu Succession Act, 2005, entitling them to equal rights in ancestral property, irrespective of their birth date.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
Daughters are entitled to equal shares in ancestral property per the amended Hindu Succession Act, 2005.
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