IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SECOND APPEAL NO. 61 of 2017 ==========================================================

ANANDBHAI VISHNUPRASHAD THAKER....Appellant(s)

Versus KANTABEN TRAMBAKLAL DAVE & 37....Respondent(s)

==========================================================

Appearance:

VASIM MANSURI, ADVOCATE for the Appellant(s) No. 1 ==========================================================

CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 27/03/2017

ORAL ORDER

The Second Appeal is ADMITTED for the questions of law posed as follows:

2.1 Whether courts below have erred in dismissing the suit of plaintiff claiming her share in the properties of her father on the ground that Hindu Female born prior to year 1956 and married are not entitled to share in the property of her father, though alive on date on which amendment in the Hindu Succession Act has come into force?

2.2 Whether, courts below have erred in dismissing the said suit seeking partition though found that, deceased Plaintiff has 1/9^th share in the suit properties?

2.3 Whether courts below have erred in not applying provisions of Hindu Succession (Amendment) Act, 2005 though it has come to the conclusion that partition of the joint family property had not taken place during the lifetime of late Trambaklal Dave?

NEUTRAL CITATION

undefined

the plaintiff in the properties which were disposed of in favour of third parties by the other coparceners?

2.5 Can female heir file a suit for partition for her share in self acquired property of her deceased father? If yes, whetehr court could have dismissed the suit?

2.6 Can female heir file a suit for partition by meats and bounds in respect of joint family (HUF) property/ies upon death of her parents, more particularly when her right as a co-parcenor is denied? If yes, whether court could have dismissed the suit?

2.7 Whether or not a daughter married prior to 1956 can claim share in the joint family (HUF) property/ies in view of amendment in Hindu Succession Act? If yes, whether court could have dismissed the suit?

2.8 What is effect of amendment in 2005 in Hindu Succession Act, on pending suits for partition of joint family (HUF) property and self acquired property/ies?

2.9 Can female heir pray for permanent injunction when other male heir/s dispute/s her share in property and upon disposal of property/ies without paying her share?

2.11 Can Plaintiff be denied share in the property on the ground that partition had taken place in the year 1982.

2.12 Whether Court had erred in holding that property partition shall taken in the year 1982 and therefore plaintiff was not entitled any share in the self acquired property.

2.13 Whether Appellate court was required to give reasons for agreeing with the view of trial court or mere observation that Appellate court concurs with the reasoning of trial court is sufficient.

2.14 Can Respondent without filling cross objection / cross appeal disputes the findings of the trial court? If not whether court has right to entertain the arguments of the Respondent in respect of unchallenged finding in favour of Appellant.

2.16 Whether the impugned judgment suffers for vice of non application of mind?

2.17 Whether both the lower courts below have committed jurisdictional error i.e. have not taken into consideration relevant facts and have taken into consideration irrelevant facts for determination of rights of appellant?

2.18 Whether both the lower courts below had failed to appreciate the ratio of various judgments relating to right of female heir to claim share in joint family (HUF) property/ies?

2.19 Is appellant is entitled to reliefs as prayed for in the suit as a matter of right?

(RAJESH H.SHUKLA, J.)

JNW

Click Here to Read the rest of this document