Oral Partitions Prior to 2004 Require Legal Validation; Customary Divorce Unsubstantiated
In a significant ruling by the Chhattisgarh High Court dated January 30, 2026, Justice Bibhu Datta Guru reaffirmed the coparcenary rights of daughters under the Hindu Succession Act, 1956, following the amendment in 2005. The judgment came in the case of Amrika Bai v. Bhagwati Bai, where the court set aside previous judgments denying the plaintiff's inheritance rights based on an alleged oral partition of ancestral property.
The case revolved around the plaintiff, Amrika Bai, who sought partition and separate possession of agricultural land, claiming her rights as a coparcener. The court decisively ruled that oral partitions prior to December 20, 2004, are not legally valid unless backed by registered instruments or court decrees. This decision aligns with the Supreme Court's precedent in Vineeta Sharma v. Rakesh Sharma, emphasizing the necessity for legally recognized partition methods to protect daughters' inheritance rights.
Justice Guru's judgment also addressed the issue of customary divorce claimed by the defendants, asserting that the burden of proof lies on the party asserting such customs. In the absence of evidence, the claim of customary divorce was deemed unsubstantiated.
The ruling has been hailed as a progressive step towards eliminating gender-based discrimination in inheritance laws, reinforcing the rights of daughters as equal coparceners. This decision ensures that daughters can claim their rightful share in ancestral property, aligning with modern interpretations of gender equality in succession laws.
Bottom Line:
Hindu Succession Act, 1956 - Daughters are coparceners in ancestral property with the same rights as sons; Oral partitions prior to 20.12.2004 are not legally recognized unless supported by registered instruments or decrees of a court.
Statutory provision(s): Hindu Succession Act, 1956 Section 6(1), Hindu Succession (Amendment) Act, 2005, Code of Civil Procedure, 1908 Section 100
Amrika Bai v. Bhagwati Bai, (Chhattisgarh) : Law Finder Doc id # 2846375
