By Dr. K. Shivaram, Ajay R. Singh, Advocates
[Smt. Gulabbai Chhaganlal & Ors. v. Smt. Kamalabai Lakhan & Ors., AIR 2011 MP 156]
The appellant No. 1 was the wife while appellants No. 2 and 3 and respondents No. 1, 2, 3, 4 and 6 were sons and daughter of the deceased. The appellants filed a suit on 7-11-2001 for permanent injunction, wherein it was alleged that the property shown in Schedule of the plaint was recorded in the Revenue record in the name of the appellants and respondents No. 3 and 4 (sons).
It was alleged that as per family personal law, daughters (respondent No. 1 and 2) had no right in ancestral property. It was alleged that daughters were claiming their rights illegally. Undisputedly, the appellants and respondents were members of one family and were legal representatives of de-ceased Shri Chhaganlal. The suit was dismissed.
The Court observed that the right which was be-ing claimed by the appellants was based on family customs. As per Clause (a) of s.s (1) of section 4 of the Hindu Succession Act, 1956 any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before commencement of this Act, shall cease to have effect with respect to any matter for which provision is made in that Act. After coming into force of the Hindu Succession Act, any custom or usage as part of that law prevailing in the family automatically ceased to have effect. Apart from this, the appellants had failed to establish any rule prevailing in the family, which denied rights of daughter in the ancestral property. In view of the above, the appeal was dismissed.
