Moro Vishwanath v. Ganesh Vithal (1873) 10 Bom. 444

CASE_TITLE Moro Vishwanath v. Ganesh Vithal (1873) 10 Bom. 444

This case explains who can ask for partition in a Hindu joint family. The Court said: count the degrees from the last owner, not from the original acquirer. If the claimant is more than four degrees away from the last owner, they cannot demand partition.

• Are the plaintiffs entitled to demand a partition as members of an undivided family?

The Court settled the degree test: a person more than four degrees from the last owner cannot demand partition, even if the person is closer to the original acquirer. The decree for partition stood on the finding that the property was joint ancestral and the suit was not time-barred.

Count proximity from the last owner, not the original acquirer. Representation does not extend beyond the fourth degree for the purpose of demanding partition in a Hindu joint family.

• Gives a clear yardstick for who may sue for partition.
• Prevents remote claims that unsettle settled possession.
• Separates share calculation from the right to sue.

1. Ask: “Who was the last owner?” then count degrees.
2. Beyond four degrees from the last owner → no partition claim.
3. More members can change share sizes, not the eligibility.
4. Joint status and limitation still matter as fact questions.

Mnemonic: LAST-4-PART — Last owner, 4 degrees, Partition right.

1. Spot the last owner of the joint property.
2. Count the claimant’s degree from that person.
3. Decide: ≤ 4 → eligible; > 4 → not eligible.

Issue: Can the plaintiffs, as members of an undivided family, demand partition?

Rule: Partition right is limited to those within four degrees of the last owner, not the original acquirer.

Application: Considering descent from Udhav, and findings that the property was joint and the suit within time, the eligible members could seek partition.

Conclusion: Degree counted from the last owner controls; partition decree sustained on facts.

Undivided Family

Family living together with joint property and community of interest.

Last Owner

The most recent person in the line who held title before succession.

Degree of Descent

Generational distance measured from a specific ancestor or owner.

Representation

Right by which a descendant takes the share of an ancestor who predeceased.