1995 A I H C 1897 ::1995 BomCJ 2 288 ::(1995) 2 HinduLR 11 ::(1995) 2 Bom CR 293 ::(1995) 2 DMC 326

Bombay High Court

Hon'ble Judge(s): D.r.dhanuka , J

(A) Civil P.C. (5 of 1908) , S.9— Suit for partition - Joint Hindu family - Acquisition of some of properties under Land Acquisition Act - Female heir by filing partition suit claiming her share in compensation amount awarded in lieu of acquisition - Held, Civil Court had jurisdiction to award share in compensation amount in accordance with plaintiff's share in suit properties. AIR 1922 Calcutta 4, Dissented from. Land Acquisition Act (1 of 1894) , S.18, S.30— (Para 21 25) (B) Hindu Succession Act (30 of 1956) , S.6, S.8, S.24— Devolution of coparcenery property - Karla of family dying in 1950 leaving behind two sons Band D and daughter from first wife, second wife L and three daughters from her - D dying in 1962 leaving behind his widow Y - Held, Y got D's entire share and it would not be for-feited on her remarriage at a later date - B, Land Y would get 1/3rd share each - Land Y can claim partition of dwelling house also. (Para 28 29 30) .....