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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Chandra Bai – Appellant
Versus
Champa Bai – Respondent
| Table of Content |
|---|
| 1. appeal concerning property share entitlement. (Para 1 , 2) |
| 2. respondent claims share adjustment post-preliminary decree. (Para 3) |
| 3. appellant contends sale deed implies share forfeiture. (Para 4 , 5) |
| 4. analysis of succession rights under hindu law. (Para 6 , 7 , 10 , 15) |
| 5. solidifying legal standing on property division. (Para 18 , 19) |
| 6. final decree issuance and dismissal of appeal. (Para 20 , 21 , 22 , 24) |
JUDGMENT :
SANJAY DWIVEDI, J.
1. Appellants have filed this appeal under Section 100 of the Code of Civil Procedure assailing the judgment and decree dated 25.03.2005 passed by the II Additional District Judge, Seoni in Regular Civil Appeal No. 6-A/2005 modifying the judgment and decree passed by the trial Court in Civil Suit No. 254-A/2002 filed by the plaintiff/respondent No.1.
2. The first appellate Court has finally held that the respondent No.1 is entitled to get 1/3 share in the suit property i.e. Kh. No. 32/1 area measuring 0.470 hectare and Kh. No. 33 and 34 area measuring 2.144 hectare whereas the trial Court while passing the judgment and decree granted 1/2 share in favour of plaintiff/respondent No.1. The appellate Court modified the judgment and decre
A sale deed does not negate ancestral property rights, and the statutory provisions guiding succession must be properly applied to determine share distribution.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
The right of a daughter to a share in paternal property as a legitimate heir is reaffirmed, irrespective of marriage status, under Section 8 of the Hindu Succession Act, 1956.
The amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
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