Hindu Joint Family—Common ancestor left behind four sons—One son married twice who had four children from first wife while from second wife, he had two sons and three daughter—First wife died—Second wife filed suit for partition—Entitlement—Since evidence on record on record including written memorandum of settlement and mutation show that Pirangut was a joint family property, therefore expression “partition” has been used—No evidence that this property was gifted to eldest son of common ancestor—No evidence that other son was sole owner or that he acquired the property from his income—Plaintiff categorically stated that her father-in-law was the owner of the property and only surviving son of original ancestor confirm the same—Findings recorded by the High Court—Unsustainable—Plaintiff and defendants including daughter have equal share in the property in view of the judgment reported as Vineeta Sharma v. Rakesh Sharma & Ors., 2020 (9) SCC 1—Appeal allowed.
[Paras 14 & 15]
Decision : Appeal allowed