Law Messenger (LM)

Registration Login

Judicial Dictionary

Title	Partition
Details	Suit for partition was filed in the year 2002. However, during the pendency of this suit, Section 6 of the Act was amended as the decree was passed by the trial court only in the year 2007. Thus, the rights of the appellants got crystallised in the year 2005 and this event should have been kept in mind by the trial court as well as by the High Court. This Court in Ganduri Koteshwaramma & Anr. v. Chakiri Yanadi & Anr. [(2011) 9 SCC 788] held that the rights of daughters in coparcenary property as per the amended S. 6 are not lost merely because a preliminary decree has been passed in a partition suit. So far as partition suits are concerned, the partition becomes final only on the passing of a final decree. Where such situation arises, the preliminary decree would have to be amended taking into account the change in the law by the amendment of 2005. There is no dispute that the property which was the subject matter of partition suit belongs to joint family and Gurulingappa Savadi was propositus of the said joint family property. In view of our aforesaid discussion, in the said partition suit, share will devolve upon the appellants as well. Since, Savadi died leaving behind two sons, two daughters and a widow, both the appellants would be entitled to 1/5th share each in the said property. Plaintiff (respondent No.1) is son of Arun Kumar (defendant No.1). Since, Arun Kumar will have 1/5th share, it would be divided into five shares on partition i.e. between defendant No.1 Arun Kumar, his wife defendant No.2, his two daughters defendant Nos.3 and 4 and son/plaintiff (respondent No.1). In this manner, the plaintiff/respondent No.1 would be entitled to 1/25th share in the property. .....Danamma @ Suman Surpur =VS= Amar, (Civil), 2018 (1) [4 LM (SC) 17] ....View Full Judgment Partition simply signifies something that separates or divides into parts. Partition is a court proceeding by which co-owners of commonly owned property seek to sever their common ownership. “Instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition. ….. [Section 2(15) of the Stamp Act, 1899] Partition effected bonafide and in a legal manner cannot be disregarded only on the ground that it was reduced to writing and registered subsequently. ….. [Premhari Barman vs. The Commissioner of Taxation (1972) 24 DLR 198] In a suit for partition it is incumbent upon the court not only to determine whether the property was joint property and liable to partition but also where there are conflicting claims to shares, for which the partition was sought, to determine each conflicting claim which is incidental to the partition and necessary for deciding the issues. ….. [Sashi Kumar vs. Sreemati Kusum Kumari Debi (1982) 34 DLR 127]

Title

Partition

Details

Suit for partition was filed in the year 2002. However, during the pendency of this suit, Section 6 of the Act was amended as the decree was passed by the trial court only in the year 2007. Thus, the rights of the appellants got crystallised in the year 2005 and this event should have been kept in mind by the trial court as well as by the High Court. This Court in Ganduri Koteshwaramma & Anr. v. Chakiri Yanadi & Anr. [(2011) 9 SCC 788] held that the rights of daughters in coparcenary property as per the amended S. 6 are not lost merely because a preliminary decree has been passed in a partition suit. So far as partition suits are concerned, the partition becomes final only on the passing of a final decree. Where such situation arises, the preliminary decree would have to be amended taking into account the change in the law by the amendment of 2005. There is no dispute that the property which was the subject matter of partition suit belongs to joint family and Gurulingappa Savadi was propositus of the said joint family property. In view of our aforesaid discussion, in the said partition suit, share will devolve upon the appellants as well. Since, Savadi died leaving behind two sons, two daughters and a widow, both the appellants would be entitled to 1/5th share each in the said property. Plaintiff (respondent No.1) is son of Arun Kumar (defendant No.1). Since, Arun Kumar will have 1/5th share, it would be divided into five shares on partition i.e. between defendant No.1 Arun Kumar, his wife defendant No.2, his two daughters defendant Nos.3 and 4 and son/plaintiff (respondent No.1). In this manner, the plaintiff/respondent No.1 would be entitled to 1/25th share in the property. .....Danamma @ Suman Surpur =VS= Amar, (Civil), 2018 (1) [4 LM (SC) 17] ....View Full Judgment

Partition simply signifies something that separates or divides into parts. Partition is a court proceeding by which co-owners of commonly owned property seek to sever their common ownership.
“Instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition. ….. [Section 2(15) of the Stamp Act, 1899]
Partition effected bonafide and in a legal manner cannot be disregarded only on the ground that it was reduced to writing and registered subsequently. ….. [Premhari Barman vs. The Commissioner of Taxation (1972) 24 DLR 198]
In a suit for partition it is incumbent upon the court not only to determine whether the property was joint property and liable to partition but also where there are conflicting claims to shares, for which the partition was sought, to determine each conflicting claim which is incidental to the partition and necessary for deciding the issues. ….. [Sashi Kumar vs. Sreemati Kusum Kumari Debi (1982) 34 DLR 127]