Supreme Court · 2002 INSC 294 · Decided 9 July 2002
Srilekha Ghosh (Roy) and ANR. v. Partha Sarathi Ghosh
- Court
- Supreme Court of India
- Citation
- 2002 INSC 294 · [2002] SUPP. 1 S.C.R. 45
- Case number
- CIVIL APPEAL No. 3660/2002
- Decided
- 9 July 2002
- Bench
- D.P. MOHAPATRA, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Hindu Succession Act; Succession Act
Headnote
Partition Act, 1893-Section 4-Partition of dwelling house-Belonging to undivided family-Partition suit filed by married daughters-Application A B for pre-emption by co-sharer-Maintainability of-Held, not maintainable- C The provision has no application in the instant case as the daughters cannot property. The suit property i.e. a dwelling house was inherited by one male heir (respondent-defendant) and three female heirs viz. the widow and two D daughters (appellants-plaintiffs nos.I and 2). The appellants-plaintiffs acquired interest in the property by way of gift from their mother.
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