Supreme Court Clarifies HUF Property Partition Rights: Rejects Daughter’s Claim Due to Prior Settlements
The Supreme Court dismissed the appeal, upholding the dismissal of the partition suit under Order XII Rule 6 CPC, emphasizing that the court can dismiss a suit based on admissions without a formal application. It ruled that the decrees from prior suits, which were never challenged, conclusively determined the ownership of the properties, barring any fresh claims. The Court held that the amended Section 6 of the Hindu Succession Act, 1956, did not apply as the properties were partitioned before the cutoff date of 20th December 2004. Additionally, the suit for Anand Niketan house was barred by limitation, and the claims lacked sufficient pleadings to establish an HUF or coparcenary rights. The judgment reinforced the finality of unappealed decrees and the necessity of precise pleadings in pa...