High Court orders trial court to reconsider equal inheritance claims of daughters under Hindu Succession Act and Limitation Act provisions.
In a significant ruling, the Gauhati High Court, presided over by Justice Parthivjyoti Saikia, has set aside a lower court's decision regarding the inheritance of ancestral property and remanded the case for a fresh judgment. The dispute involves the equal inheritance rights of daughters under the Mitakshara School of Hindu Law in a property owned by the late Sohan Singh Flora, which includes the well-known "Flora Bhawan" in Guwahati.
The appellant, S. Dalbir Singh Flora, challenged the trial court's decision that partly decreed the partition of the property. The case revolves around the claim of the daughters of Sohan Singh Flora, who passed away in 1987, for an equal share in the ancestral property, which was initially overlooked by the trial court during its proceedings.
The primary contention raised by the appellant is that the daughters are not entitled to inherit their father's property under Section 6 of the Hindu Succession Act, 1956, since the father's death occurred before the 2005 amendment, which grants daughters equal coparcenary rights. Furthermore, the appellant argued that the daughters' claims are barred by the 12-year limitation period for partition suits under Section 110 of the Limitation Act, 1963.
Justice Saikia observed that the trial court failed to frame essential issues concerning the entitlement of daughters to an equal share and the applicability of the limitation period. The High Court emphasized the necessity of addressing these issues, given their mixed nature of fact and law, and directed the trial court to frame additional issues and allow both parties to present oral arguments before delivering a new judgment.
The legal heirs of the late Sohan Singh Flora, including his sons and daughters, have been embroiled in this dispute following the death of their mother, Pritam Kaur Flora, in 2008. With the High Court's directive, the trial court will have to revisit the claims and rights of the daughters under the Hindu Succession Act in light of the historical and legal context.
This decision underscores the importance of ensuring that all pertinent legal issues are thoroughly examined in inheritance cases, particularly those involving gender equality in property rights.
Bottom Line:
Hindu Succession - Daughters belonging to Mitakshara School of Hindu Law claiming equal share in ancestral property left behind by father - Points of determination include whether daughters are entitled to equal share and whether their claim is barred by limitation - Case remanded to trial court to frame additional issues and pass fresh judgment.
Statutory provision(s): Hindu Succession Act, 1956 Section 6, Limitation Act, 1963 Section 110
S. Dalbir Singh Flora v. S. Pal Singh Flora, (Gauhati) : Law Finder Doc Id # 2833986
