2018 AIR CC 1609 (MP)

Madhya Pradesh High Court

Hon'ble Judge(s): Anjuli Palo , J

(A) Hindu Succession Act (30 of 1956) , S.6— (as amended by Act 39 of 2005) - Right of daughters in coparcenary property - Marriage of daughter no way affects her right over coparcenary property - Father dying in year 1983 - Plea of petitioner sons that partition affected between them in presence of daughters and other relatives - And daughters verbally relinquished their rights - Not established by evidence adduced - No relinquishment deed executed by daughters - Pleading of sons that daughters received their share in form of silver and gold during marriage, not proved - Mutating names of petitioner sons in their respective shares, not proof of title of sons over suit property - Daughters entitled to equal shares in property. AIR 2012 SC 169, (2009) 15 SCC 184, Relied on. (Para 9 10 15) (B) Words and Phrases - Word 'Partition'- Meaning. Partition according to law consists in numerical division of property. It consists in defining shares of coparceners in joint property. Once shares are defined, whether by agreement between parties, or otherwise, partition is complete. After shares are so defined, parties may divide property by metes and bounds or they may continue to live together and enjoy p....