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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Balvinder Kaur – Appellant
Versus
Amrik Singh (Since Deceased) Through LRs – Respondent
| Table of Content |
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| 1. details surrounding the property and the claims of heirs. (Para 1 , 2) |
JUDGMENT :
1. The present Regular Second Appeal has been filed by the plaintiffs– appellants challenging the judgment and decree dated 12.12.1998 passed by the learned Additional District Judge, Jagadhri whereby the judgment and decree dated 05.11.1996 passed by the learned Civil Judge (Junior Division), Jagadhri decreeing the suit of the plaintiffs for partition, was set aside and the suit was dismissed.
2. The facts in brief are that Uttam Singh, owner of the house in dispute situated in Chhachhrauli, District Yamuna Nagar, expired leaving behind his legal heirs, namely his sons Jaswant Singh, Amrik Singh, Dhanwant Singh and his daughters, besides the present plaintiffs being legal representatives of deceased Jaswant Singh. The plaintiffs’ case was that the suit property continued to be joint and had never been partitioned. It was further pleaded that they were in possession of specific portions as shown in the site plan and that defendants had refused to effect partition and were threatening to alienate the property, thus necessitating the suit.
4. From the pleadings of the parties, following i
The judgment clarifies that female heirs retain rights to seek partition despite Section 23, which is lifted when a male heir claims partition.
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....
A voluntary partition deed conferring rights on a female heir is valid despite prior restrictions under Hindu inheritance law, emphasizing that such arrangements, once consensually made, cannot be co....
A Hindu widow acquiring property under a partition retains absolute ownership and can dispose of it, as per Section 14(1) of the Hindu Succession Act, 1956.
Female legal heirs are entitled to equal shares in ancestral properties, as established in 'Vineeta Sharma vs. Rakesh Sharma & Others', and the recent amendment to Section 23 of the Hindu Succession ....
Female heirs cannot inherit ancestral property if the predecessor died before the Hindu Succession Act, 1956, affirming the need for existing legal frameworks in succession claims.
The main legal point established in the judgment is that properties derived by the father through a partition deed are to be treated as his self-acquired properties, as per Section 8 of the Hindu Suc....
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.
Children born of void marriages under Hindu law cannot claim rights to ancestral property during the father's lifetime, preventing partition claims until after the father's death.
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