'Married Daughter Entitled To Share In Father’s Firm Property, Not Liable For Debts': Mumbai City Civil Court

Mumbai, March 31: The city civil court has ruled that a married daughter is entitled to a share in property owned by a firm where her father was a partner.

The court clarified that since the daughter did not seek mesne profit – compensation for wrongful possession – she is not liable for the debts of the now-closed business.

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Petition filed for share in firm property

The ruling came during a petition filed by Vidya Chapnerkar, a 48-year-old Andheri resident. Chapnerkar sought her share in properties held by a partnership firm involving her late father, Digambar Mungekar, his brothers, and his sons. The petition named her brother, another relative, and three sisters as respondents.

Details of property and partnership

Mungekar, who died on November 8, 1998, owned galas at the Mungekar Industrial Premises Co-operative Society Ltd in Goregaon (West). He conducted business from these premises through the partnership. Initially, Mungekar partnered with his son, Nandkumar.

Following Nandkumar’s retirement, another brother, Dilip, joined the firm. After the business closed, the galas were sold by Dilip’s son and one of the brothers. Chapnerkar maintained that as the property belonged to her father, she held a legal claim to it.

Respondents cite liabilities

The respondents admitted Chapnerkar’s status but alleged she was acting in collusion with her sisters. They argued that because a family plot in Goregaon had previously been sold to clear various creditors’ dues, any claim to assets should also include a responsibility for liabilities.

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Court clarifies liability and share

However, the court noted that the plaintiff was only seeking her 1/6th share of Mungekar’s half-share in the firm. “Since she has not asked for any mesne profit, there is no question of taking liabilities,” the court stated.

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