LAWS(BOM)-1996-7-156

VASANTI P.SHETTY Vs. NAGAVENI J.SHETTY

Decided On July 05, 1996
Vasanti P.Shetty Appellant
V/S
Nagaveni J.Shetty Respondents

JUDGEMENT

(1.) HEARD the Advocates. Plaintiff who is the daughter of deceased Narayan Shetty, has filed the suit for partition and separate possession of the share in the property of the deceased Narayan Shetty. Two sons Jayanand and Anand and a daughter Minakshi of the deceased Narayan Shetty were the Defendents, out of whom, Defendant No.1-Jayanand died and his legal heirs have been brought on record.

(2.) THE notice of motion of the Plaintiff is for appointment of Receiver and for an injunction and the only question of law that has been raised by the Defendants is, firstly the suit of the Plaintiff is barred by Limitation Act, Secondly, the Plaintiff has by her conduct, relinguished her rights in the suit property for continuous period of 23 years, right from her marriage, and thirdly, the Plaintiff cannot be co-parcener of the family.

(3.) ADMITTEDLY , the property is self acquired property of the father and therefore, the provisions of the Hindu Succession Act are applicable in the case. If the father dies intestate, then, heirs in Class-I of the Schedule i.e. Son, Daughter, widow and mother, takes simultaneously and in equal shares. The Plaintiff will be therefore, entitle to an equal share in the property of the deceased father.