Punjab & Haryana High Court, Chandigarh
Citation(1999) 3 SCC 573
CourtSupreme Court of India
Date11 March 1999
Year1999
BenchK.T. Thomas, M.B. Shah JJ.
Acts/ArticlesHindu Succession Act, Transfer of Property Act
CategoryProperty & Land Law

Key Principle Established

A Hindu coparcener has the right to seek partition of joint family property at any time. No coparcener can prevent another from exercising the right to partition.

Brief Facts

A coparcener in a Hindu joint family sought partition of joint family property. Other coparceners resisted the partition claiming that the family property should remain undivided.

Ratio Decidendi

The Court held that every Hindu coparcener has an absolute right to seek partition of joint family property. This right is inherent and no other coparcener can prevent its exercise. The coparcener’s share is determined based on the members of the family at the time of partition.

Impact & Significance

This judgment reinforced the fundamental right of coparceners to partition, which is one of the most frequently litigated property issues in Indian courts.

Tags & Related Topics

Property & Land Law Hindu Succession Act Transfer of Property Act
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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