Bombay High Court on Daughters’ Right in Ancestral Property & Limitation in Partition Suit.

📌Case Title

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

📅Decided on: May 3, 2024.

📜Facts

The plaintiffs, who were daughters of deceased Jaisingh Kahar, filed a suit seeking partition of ancestral agricultural land. After their father’s death in 1975, the land was mutated only in the names of their mother and brothers through Mutation Entry No. 803. The daughters alleged that they became aware of the exclusion only in 2007 and sought their share in the property.

🧩Issues

1. Whether daughters were entitled to a share in the ancestral/coparcenary property?
2. Whether the partition suit filed in 2007 was barred by limitation due to the mutation entry of 1976?

📃Contentions

📌Defendants’ Case:
The daughters had knowledge of the mutation entry since 1976 and had demanded partition in 1981. Therefore, the suit filed in 2007 was time-barred.

📌Plaintiffs’ Case:
They had no knowledge of the mutation entry and discovered their exclusion only in 2007 after obtaining revenue records.

🔎Court’s Observations

• The property was admittedly ancestral, and the daughters were legal heirs entitled to a share.
• Under Article 110 of the Limitation Act, limitation begins when exclusion becomes known to the claimant.
• The defendants failed to prove that the daughters had knowledge of the mutation entry in 1976.
• Mere assumption that the daughters were old enough to know about the mutation entry could not establish knowledge.
• The appellate court correctly held that the plaintiffs became aware of their exclusion only in 2007.

📋Judgment

The Bombay High Court dismissed the Second Appeal and upheld the appellate court’s decision granting the daughters their share in the ancestral property. The Court held that the suit was within limitation as the defendants failed to prove earlier knowledge of exclusion.

💡Key Takeaways

✅ Daughters have equal rights in ancestral/coparcenary property under the amended Section 6 of the Hindu Succession Act.
✅ In partition suits, limitation starts from the date when exclusion becomes known to the claimant.
✅ Mutation entries alone do not prove knowledge of exclusion.
✅ The burden to prove that a suit is barred by limitation lies on the party raising the plea.

🔖 Hashtags

#PropertyLaw #HinduSuccessionAct #DaughtersRights #PartitionSuit #LimitationAct #BombayHighCourt #LegalUpdates #CaseStudy #IndianLaw #InheritanceRights

📌 Official Copy of judgement 👇