J.CHELAMESWAR, LINGARAJA RATH
Utukuri Sarat Kumar – Appellant
Versus
Authorised Officer, Land Reforms, Ongole – Respondent
( 1 ) THIS case has come before us by a preference of a Single Judge of this Court disagreeing with the view in earlier decision of this Court in A. Alivelamma vs. Spl. Tahsildar L. R. on the question as to whether a major unmarried daughter is entitled to one standard holding under the Andhra Pradesh Land reforms (Ceiling on Agricultural Holdings) Act, 1973 ( hereinafter referred to as "land Reforms Act" ). The learned Judge took the view that even though an unmarried major daughter becomes a coparcener by her birth in a Joint hindu Family by virtue of the Amendment, yet, it does not enure to her benefit to claim a separate holding for herself under the provisions of the Land reforms Act.
( 2 ) IN A. Alivelamma s case (supra) an opposite view had been taken that section 29-A (of Hindu Succession Act) has an overriding effect starting with a non-obstante clause that the daughter of a coparcener shall by her birth become a coparcener in her own right in the same manner as a son and shall have the same rights in the coparcenary property as she would have, had she been a son, inclusive of the right to claim by survivorship. The consequence of the decision was that a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.