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1 - 6 of 6 (0.33 seconds)The Hindu Succession Act, 1956
The Code of Civil Procedure, 1908
The Registration Act, 1908
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
17. A preliminary decree determines the rights and interests
of the parties. The suit for partition is not disposed of by passing of
the preliminary decree. It is by a final decree that the immovable
property of joint Hindu family is partitioned by metes and bounds.
After the passing of the preliminary decree, the suit continues until
the final decree is passed. If in the interregnum i.e. after passing of
the preliminary decree and before the final decree is passed, the
events and supervening circumstances occur necessitating change in
shares, there is no impediment for the court to amend the preliminary
decree or pass another preliminary decree redetermining the rights
and interests of the parties having regard to the changed situation.
We are fortified in our view by a 3- Judge Bench decision of this
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Court in the case of Phoolchand and Anr. Vs. Gopal Lal 1 wherein
this Court stated as follows:
Sri B Appanna Reddy Since Decd By Lrs vs Sri S B Narayana Reddy S/O Late Boda Reddy on 21 January, 2010
18. This Court in the case of S. Sai Reddy vs. S. Narayana
Reddy and Others2 had an occasion to consider the question
identical to the question with which we are faced in the present
appeal. That was a case where during the pendency of the
proceedings in the suit for partition before the trial court and prior to
1 AIR 1967 SC 1470
2 (1991) 3 SCC 647
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the passing of final decree, the 1956 Act was amended by the State
Legislature of Andhra Pradesh as a result of which unmarried
daughters became entitled to a share in the joint family property.
The unmarried daughters respondents 2 to 5 therein made
application before the trial court claiming their share in the property
after the State amendment in the 1956 Act. The trial court by its
judgment and order dated August 24, 1989 rejected their application
on the ground that the preliminary decree had already been passed
and specific shares of the parties had been declared and, thus, it
was not open to the unmarried daughters to claim share in the
property by virtue of the State amendment in the 1956 Act. The
unmarried daughters preferred revision against the order of the trial
court before the High Court. The High Court set aside the order of
the trial court and declared that in view of the newly added Section
29-A, the unmarried daughters were entitled to share in the joint
family property. The High Court further directed the trial court to
determine the shares of the unmarried daughters accordingly. The
appellant therein challenged the order of the High Court before this
Court. This Court considered the matter thus;
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