श्याम सुंदर बनाम राम कुमार
| Citation | (2001) 8 SCC 24 |
| Court | Supreme Court of India |
| Date | 5 September 2001 |
| Year | 2001 |
| Bench | S.P. Bharucha, Y.K. Sabharwal JJ. |
| Acts/Articles | Hindu Succession Act, CPC Order XX Rule 18 |
| Category | Property & Land Law |
Key Principle Established
In a partition suit, every coparcener has an indefeasible right to his share. Court must pass preliminary decree determining shares and then final decree for actual division.
A coparcener filed a suit for partition of joint Hindu family property. The question involved the procedure for partition and the rights of each coparcener.
The Court held:
This judgment clarifies the standard procedure for partition suits and the rights of coparceners, including the impact of the Hindu Succession (Amendment) Act 2005 giving daughters equal coparcenary rights.
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Read AnalysisThis 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).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.