AIR 2021 (NOC) 617 (CHH.) ::AIROnline 2020 CHH 490 ::I L R 2021 Chhattisgarh 360

Chhattisgarh High Court

Hon'ble Judge(s): Sanjay K. Agrawal , J

(A) Civil Procedure Code (5 of 1908) O. 1, R. 10— Hindu Marriage Act (25 of 1955), S. 16(3), — Hindu Succession Act (30 of 1956), S. 6 (as amended w.e.f. 9-9-2005)— Impleadment of parties — Suit for partition — Daughters of predecessor are daughters of second wife born during subsistence of marriage with first wife — Are illegitimate — Not entitled for share in ancestral property — Hence, not necessary parties in suit. AIROnline 2002 SC 635, Relied on. (Para 13)

(B) Hindu Law — Suit for partition — Rights of son — To seek share/partition in joint family property during lifetime of his father — Son is entitled to seek partition of ancestral/coparcenary property of his father during his lifetime held as a coparcener — Not entitled to seek partition of separate property of his father during the lifetime of his father. AIR 1973 Mysore 4; ILR 2008 Karnataka 3453 and 2006 SCC OnLine Raj 1534, Relied on. (Para 20)