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PRADEEP KUMAR SRIVASTAVA
Jagdish Mahato – Appellant
Versus
Mani Ram Mahato son of Late Chutu Mahato – Respondent
JUDGMENT
HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
Heard learned counsel for both the parties.
1. The second appeal has been preferred for setting aside the Judgment and Decree passed in Civil Appeal No.97 of 2018 by which the learned First Appellant Court vide its judgment dated 18.02.2020 and Decree dated 25.02.2020 has reversed the Judgment dated 14.06.2018 and Decree dated 26.06.2018 passed in Title Suit No.76 of 2006.
2. The factual matrix of the case is that the land pertaining to Khata No.31 of Mauza Godhar, Plot No.1326, Area 13 decimals was recorded in the name of Bhadu Mahato in C.S. record of right. Bhadu Mahato constructed the house over the said land and started living with his family members till his death and died leaving behind his two sons namely Baneshwar Mahato and Chhatu Mahato who jointly inherited the land and continued to reside over the suit plot and premises. Subsequently Baneshwar Mahato and Chhatu Mahto partitioned their land and house in half share each i.e. 6 ½ decimals of land. It is further alleged that Chattu Mahato died in the year 1945 leaving behind his widow Rashu Mahatain and three sons namely Birbal Mahato, Hiralal Mahato, Maniram Mahato and thr
The court affirmed that under the Hindu Succession Act, daughters do not inherit coparcenary property prior to the 2005 amendment, and the plaintiff's title was upheld against the defendant's claims.
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
Daughters are coparceners with equal rights to property by birth under Section 6(1) of the Hindu Succession Act, and unrecognized oral partitions do not affect these rights.
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