The plaintiff no. 1 and 2 and defendant no. 1 and 2 are issues of deceased father. Parties are Hindus. It is the case of the plaintiffs that, deceased had left behind ancestral and joint family properties and no partition took place in the life time of father and after the death of father. Some properties were purchased from the income of joint family properties. It is alleged that, defendant no. 1 and 2 were creating some revenue records and not ready to give share of plaintiff in the suit properties. Due to this suit for partition was filed.
Defendants admitted the relationship but they contended that properties were partitioned amongst the plaintiffs and defendants. They also admitted that, some properties were purchased from joint family properties. They contended that, in 1967 husband of plaintiffs demanded the partition and that time share given so there is no right to claim partition now. It was also submitted that, plaintiffs had no right to file suit for partition as they are the female members of joint family and the suit is filed even in respect of house properties.
Court held that, in view of amendment act 1994 plaintiff daughters of deceased are held as coparceners and so equal share is given to them. Contention that no retrospective effect can be given, not acceptable.
Bhausaheb Waghaskar vs. Gangubai Lahare, S.A.no. 469/2012, Aurangabad