VidhiSangh

Supreme Court of India · 09/04/2019

SHAILNDRA KUMAR JAIN AND OTHERS versus MAYA PRAKASH JAIN AND OTHERS

[2019] 5 S.C.R. 631 · 2019 INSC 501

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A daughter claiming succession to property allotted to her parents under an earlier family partition was a necessary and proper party to a later suit among the sons. Failure to challenge the 1966 partition decree did not defeat her separate inheritance claim arising upon her parents’ deaths. The sons’ reliance on unproved wills strengthened the need for her participation rather than excluding it, since proof of those wills could prejudice her ordinary succession rights.

Issues

  1. Whether the earlier partition decree barred the daughter’s later inheritance claim.
  2. Whether alleged wills exclusively benefiting sons justified refusing impleadment.
  3. Whether the daughter’s representatives should be added to the subsequent suit.

Held

Result

Appeal allowed without costs. Orders refusing impleadment set aside and Order I Rule 10 application allowed; daughter’s substituted legal representatives entitled to participate. Validity of the propounded wills and ultimate succession left for adjudication.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 631.