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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & 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
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 Kaur Virdi, Mrs. Manjit Kaur Bhamra, Mrs. Surinder Kaur Notey and Mrs. Paramjit Kaur Bhamra are the daughters.
5. In his lifetime, late Sohan Singh Flora had purchased a plot of land measuring 3.34 Are under Dag No.117 of Patta No.636 at Guwahati Mouza, village Sahar Guwahati Pt.-1 in th
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' 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 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 have equal rights to ancestral property under the Hindu Succession Act, and the sale of property by male heirs does not negate the rights of female heirs.
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.
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