Gujarat HC Raises Grandson’s Share In Grandfather’s Property From 1/8 To 1/5

The appellants challenged the First Appellate Court’s determination of the plaintiff’s share in the suit property as 1/8th.

The plaintiff claimed through his mother, Lilavatiben, one of the five children of Keshavlal Shankerlal Vyas, the original owner, who died intestate in 1991.

The trial and appellate courts had found the plaintiff entitled to a share, but the First Appellate Court assessed it at 1/8th.

The High Court noted that the respondent’s counsel conceded that the share should be 1/5th.

The judgment cited no statute or precedent.

The Court determined the plaintiff’s share by reference to the pleaded family pedigree, which identified Keshavlal’s five children, and the parties’ position that the plaintiff claimed through Lilavatiben, one of those children.

On that basis, it held that the plaintiff’s share was 1/5th of the suit property rather than 1/8th.

The Court considered the pedigree pleaded by the plaintiff and observed that Lilavatiben was one of Keshavlal’s five children.

It concluded that the plaintiff’s share, claimed through Lilavatiben, should therefore be 1/5th.

The respondent’s counsel conceded that this was the correct calculation, confirming the error in the First Appellate Court’s 1/8th determination.

The Court found no basis to disturb the remaining findings, including the finding that the plaintiff was entitled to a share.

It left the rest of that judgment undisturbed, disposed of the second appeal, directed that the decree be drawn accordingly, and disposed of the stay application as no longer surviving.