Lakshmi Chand Khajuria & Ors vs Smt. Ishroo Devi on 31 March, 1977
10. The earlier suit was filed by a son against his parents, three brothers
and four sisters. In terms of compromise entered into between the Plaintiff,
the parents and three brothers, the properties were mutually divided amongst
said six persons. Since Amba Prasad Jain and Smt. Devi Jain were alive, the
proper parties in an action seeking relief of partition of joint family estate,
going by the then prevailing principles of Hindu Law, were only the husband,
wife and their sons. The daughters in the family, namely, Defendant Nos.6 to
9 could not, as a matter of right, claim any share if the joint family properties
were to be partitioned. However, it is well settled 1 that if a partition takes
place between her husband and sons, a wife is entitled (except in Southern
India) to receive a share equal to that of a son and enjoy that share separately
1
See: Lakshmi Chand Khajuria and Ors vs. Ishroo Devi – (1977) 2 SCC 501 para 14
5
even from her husband2. Therefore, if the compromise was entered into
between the Plaintiff and Defendant Nos.1 to 5, there was nothing improper
about it. In the circumstances, the absence of any challenge to the decree in
1966 Suit was irrelevant. As a matter of fact, the applicant Srikanta Jain
could not have challenged the decree in 1966 Suit.