In Brief
The widow and daughter of a deceased Baroda Hindu claimed partition of the deceased's property, relying on a gift deed from the widow to the daughter. The widow died during suit proceedings. The High Court had decreed partition. The Supreme Court allowed the appellant's appeal, holding that only statutory co-sharers (the son and widow) could seek partition under Baroda Hindu Nibandh 1937, Section 197. The daughter, having no inheritance rights and the widow being deceased, lacked standing to claim partition. The gift deed could not transfer a partition right over undivided property of uncertain share. The parties were directed to settle mutually."
The lawyer headnote and full judgment text are available to registered users.