Principles of Ouster, Limitation for Partition Suits, and Presumption of Valid Marriage in Hindu Law

sketch of the Bombay High Court
Case
NARAYAN GANPATI SASTE (DECEASED)BY LRS. and ORS. v. BANUBAI BABURAO SASTE (DECEASED) BY LRS (Bombay High Court, 13-10-2026)
Law
Indian Evidence Act, Limitation Act.

Highlights of the Judgment:

  • Detailed interpretation of Article 110 of the Limitation Act regarding the ouster and exclusion of a co-parcener from joint family property.
  • Analysis of the statutory requirement that exclusion must involve a positive overt act made known to the claimant.
  • Examination of the legal presumption of a valid marriage arising from long-term cohabitation under Section 114 of the Indian Evidence Act.
  • Distinction between mere non-possession of joint family assets and actual legal ouster by a co-heir.
  • Evaluation of the limits of survivorship in Hindu law when legitimate coparcenary heirs exist.