Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Article 110 -- Right of daughter - Partition suit - Limitation - Daughter who got married 50 years ago, was never in joint possession after her marriage - Right of daughter to sue for partition accrues only on 09.09.2005 - Suit for partition ought to have filed within 12 years - However, partition suit filed in..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Partition deed is prior to cut off date 20.12.2004 - Said partition deed not affected by Amendment Act of 2005 - Plaintiff/daughter not entitled to partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Succession Act, 1925, Section 232, 276 -- Will - Letters of administration - Documents filed by petitioner satisfies that he is beneficiary of Will - Execution of Will is duly proved as required u/s 67 of Bharatiya Sakshya Adhiniyam - Testatrix had 5 daughters and except one all daughters filed the consent affidavits - Said daughter has not filed any caveat or object to..........
Hindu Succession Act, 1956, Section 14, 15 -- Property of female Hindu dying intestate - S.15 of the Act does not justify that the daughter of a Hindu female has to be from the loins of her deceased husband only to be entitled to inherit property inherited by her from her husband - Right has been vested in all children or children of pre-deceased children of a Hindu female..........
Hindu Succession Act, 1956, Section 6 -- Succession - Partition has not taken place before amendment of S.6 of Hindu Succession Act - Each son and each daughter is entitled to equal shares in the properties left behind by deceased father...........
Will -- Exclusion of daughters from property under Will - Testator while executing Will in favour of his wife and three sons to the exclusion of two daughters, specifically stated in the Will that he has two married daughters - Testamentary disposition has been made in order to make deviation from natural succession - Moreover, one of daughter has not disputed the..........
Hindu Succession Act, 1956, Section 15(1)(a), 16 -- Property of female Hindu dying intestate - Widow of pre-deceased son does not have first right or entitlement to receive any share in the share of her mother-in-law/Hindu Female - Property of a female Hindu dying intestate shall devolve firstly upon sons and daughters (including children of any pre-deceased son or..........
