Case Note & Summary
The petitioner, Kalpana Udhav Disle, filed a writ petition seeking partition and separate possession of joint family property. She was the wife of Udhav Disle, who died intestate. The respondents were her father-in-law, mother-in-law, and other relatives. The petitioner claimed that after her husband's death, she was entitled to his share in the joint family property. The respondents opposed the petition, arguing that the petitioner had no right to claim partition as she was not a coparcener. The court examined the provisions of the Hindu Succession Act, 1956, particularly Section 6, which deals with the devolution of interest in coparcenary property. The court held that upon the death of a coparcener, his interest in the coparcenary property devolves by survivorship or testamentary succession, but the widow of the deceased coparcener is entitled to claim partition and separate possession of his share. The court directed the respondents to effect partition of the joint family property and hand over possession of the petitioner's share. The court also held that the petitioner was entitled to mesne profits from the date of filing of the petition until the date of delivery of possession.
Headnote
A) Hindu Law - Partition - Coparcenary Rights - Daughter-in-law's entitlement - Hindu Succession Act, 1956, Section 6 - The petitioner, a widow, sought partition of joint family property claiming her husband's share. The court held that upon the death of a coparcener, his widow steps into his shoes and is entitled to claim partition and separate possession of his share in the coparcenary property. The court relied on the principle of notional partition under Section 6 of the Hindu Succession Act, 1956, and directed the respondents to effect partition and hand over possession of the petitioner's share. (Paras 1-10)
Issue of Consideration
Whether a daughter-in-law is entitled to claim partition of joint family property after the death of her husband, and whether she can seek separate possession of her husband's share in the coparcenary property.
Final Decision
The court allowed the writ petition and directed the respondents to effect partition of the joint family property and hand over possession of the petitioner's share. The court also held that the petitioner is entitled to mesne profits from the date of filing of the petition until the date of delivery of possession.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- coparcenary rights
- daughter-in-law
- partition
- joint family property
- notional partition
- deemed partition
