Aher Hamir Duda vs Aher Duda Arjan And Ors. on 7 February, 1977
As per defendant no. 1, the plaintiff who, even if, is his son cannot
claim partition during his lifetime. I do not find much substance in this plea.
It is well settled that every Hindu adult coparcener is entitled to demand
partition whenever he likes. It was held by Gujarat High Court in case titled
as "Aber Hamir Vs. Aber Duda AIR 1978 Gujarat 10" that under Mayukha
Sub School of Mitakshara, assent of the father is not necessary to a suit
against the grandfather and his co-laterals have partitioned by meets and
bounds where there had already been severance of status. Mullah in his
4
book "Principles of Hindu Law, 20th Edition, Volume 10" has described
that it is now settled law in Delhi that a son can ask for partition from the
father.