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1997 Supreme(AP) 791

J.CHELAMESWAR, LINGARAJA RATH
Utukuri Sarat Kumar – Appellant
Versus
Authorised Officer, Land Reforms, Ongole – Respondent


LINGARAJA RATH, J.

( 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














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