In Brief
The case concerns partition of property left by Dahyabhai, who died in 1942, leaving a son (Karsanbhai) and a widow (Bai Jethu). The widow executed a gift deed to her daughter (Dahiben) and sued for partition. Three courts decreed the partition, granting the daughter half-share through the mother's gifted portion. The Supreme Court held that only the son and widow are co-sharers with partition rights under the Baroda Hindu Nibandh 1937; a non-inheriting daughter cannot claim partition. The gift deed could not vest partition rights as the widow's share was unascertained. The appeal was allowed, the decree set aside, but settlement terms were approved for equitable distribution among all legal heirs.
The lawyer headnote and full judgment text are available to registered users.