Tuesday, 6 November 2018

When it is not permissible for daughter to file suit for partition of ancestral property?

 As regards the contention of the plaintiffs about their non joinder in the earlier suit, at the time when the suit was filed in the year 1991 they were not having any right of coparceners in the suit property. Their own father has filed the said suit, therefore, he was very much alive and hence they cannot contend that they were necessary parties to that suit. If on their own showing, that they are claiming through their father and as their father was very much representing their interests, they are estopped from contending that for their non joinder in the earlier suit, the judgment and orders therein are vitiated.
IN THE HIGH COURT OF BOMBAY

Civil Revision Application No. 637 of 2016

Decided On: 14.03.2018

Sarjerao Dhondiba Sarode Vs. Kamal Kerubhau Pachange and Ors.

Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.

Citation: 2018(5) MHLJ 323.
Read full judgment here: Click here
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