AIR 2002 GUJARAT 376

Gujarat High Court

Hon'ble Judge(s): Y. B. Bhatt, Sharad D. Dave , JJ

(A) Hindu Law - General Principles - Enactment of specific Acts in respect of various aspects of Hindu law - Does not abolish general principles as a whole. (Para 6.2) (B) Hindu Succession Act (30 of 1956) , S.23— Intestate succession - Is not related to partition of HUF Property and right to sue for partition - Disentitlement of a female to sue for partition of dwelling house - Does not by implication entitle her to sue for partition in respect of other properties. Section 23 of the said Act is a special provision which applies to intestate succession and the rights of male and female heirs of Class-I. The subject of intestate succession has no relation to partition of H.U.F. property and the right to sue for partition. Further more, merely because this specific statutory provision, disentitles a female to sue for partition of the dwelling house does not imply that she has a right to sue for partition in respect of other properties as well. In fact, the object of the section is to safeguard her interest and also safeguard her share in the property by conferring upon her a right of residence only, until that time when the male coparceners decide to partition the property. This cannot in any manner, entitle her for partition of H.U.F. property, where....