NDLI: Shailndra Kumar Jain and Others Vs. Maya Prakash Jain and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	daughters would be entitled to a share in the properties Hindu Succession Act Application filed u/Or.1 r.10 1956 CPC CPC by SJ’ allowed r.10 Class-I heirs – Order passed by the courts below set aside Or.1
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Code of Civil Procedure, 1908 – Or.1, r.10 – Suit filed in 1966 by one of the son against his parents, three brothers (defendant nos.1 to 5) and four sisters (defendant nos.6 to 9), seeking declaration that certain properties had fallen to his share after partition between the parents and three brothers – Suit decreed vide order dtd. 23.02.1966 – ‘MP’, defendant no.5 in the 1966 suit thereafter filed suit in 2006 submitting inter alia that after the decree dtd 23.02.1966, there was a further family settlement arrived at between all the brothers in pursuance whereof said ‘MP’ was exclusive owner of certain properties mentioned in the schedule to the plaint in the 2006 suit – Application filed by ‘SJ’, defendant no.8 (in the 1966 Suit) seeking impleadment as one of the defendants in the 2006 suit – During the pendency of the application, ‘SJ’ expired and the appellants, her legal heirs were substituted – Application dismissed – Revision in the High Court – Dismissed – On appeal, held: In the 1966 suit, in terms of compromise entered into between the plaintiff, the parents and three brothers, the properties were mutually divided amongst said six persons – Since the parents were alive, the proper parties in an action seeking relief of partition of joint family estate, going by the then prevailing principles of Hindu Law, were only the husband, wife and their sons – Defendant nos.6 to 9 could not, as a matter of right, claim any share if the joint family properties were to be partitioned – However, on the death of the parents, if they died intestate, then under the principles of the 1956 Act, every Class I heir including the daughters, would be entitled to a share in the property left behind by their parents – It is on this count that the applicant ‘SJ’ claims entitled to have share in the properties allocated to the parents – Partition effected pursuant to decree in 1966 suit cannot, in any way, disentitle ‘SJ’ from claiming a share in the properties of her parents – ‘SJ’ was definitely a necessary and proper party to be impleaded in the subsequent suit filed by ‘MP’ – Due execution of the Wills, allegedly executed by the parents, is yet to the proved by the respondents – If the Wills are not proved, the daughters would be entitled to a share in the properties, being Class-I heirs – Order passed by the courts below set aside – Application filed u/Or.1 r.10, CPC by SJ’, allowed – Hindu Succession Act, 1956.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 501
Petitioner	Shailndra Kumar Jain And Others
Respondent	Maya Prakash Jain And Others
SCR	[2019] 5 S.C.R. 631
Judgement Date	2019-04-09
Case Number	3587

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Shailndra Kumar Jain and Others Vs. Maya Prakash Jain and Others

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