High CourtsDivision Bench(1940) 09 AHC CK 0047

Raj Bahadur Singh and Another vs Ram Narain Singh and Others

Allahabad High Court · Decided on 24 September 1940

HON’BLE JUDGES
Yorke, J · Bennett, J
RESULT
Dismissed
CASE NUMBER
First Civil Appeal No''s. 112 and 116 of 1936

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Judgment

1 paragraphs · 75 words
1.

A mother cannot compel a partition so long as the sons remain united but if a partition takes place between the sons, she is entitled to a share equal to that of a son in the co-pecuniary property. There is no qualification of this provision, and the fact that she is already in possession of property sufficient for her maintenance does not affect her right to a share equal to that of a son.