Landmark Judgment on Partition and Property Rights: Key Legal Principles and Precedents Explained
In-depth Analysis of the Judgment: Mohan Hirachand Shah v. Geeta Kumarchand Shah & Ors. (2024 INSC 222) Case Overview: Court: Supreme Court of India Jurisdiction: Civil Appellate Civil Appeal No.: 773-775 of 2023 Judgment Date: 19 March 2024 Judges: M.M. Sundresh, S.V.N. Bhatti Appellant: Mohan Hirachand Shah Respondents: Geeta Kumarchand Shah & Others Background: This case revolves around a family dispute for the partition and separate possession of ancestral properties. The properties in question belonged to the Hindu Undivided Family (HUF) led by Late Hirachand Umarshi Shah. After his death in 1970, his legal heirs and their successors entered into a legal conflict over the division of the properties listed in the plaint. Key Issues: Whether the properties listed were part of the HUF and eligible for partition. Validity of the claimed oral partition in 1973. Admissibility of unregistered documents like affidavits and powers of attorney in support of p...