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B. V. L. N. CHAKRAVARTHI
Achutuni Sitharavamma – Appellant
Versus
Turaga Ananda Rao – Respondent
ORDER :
This revision-petition is directed against the Order, dated 18.02.2010 passed in I.A.No.639 of 2009 filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (for brevity "CPC"), in I.A.No.388 of 2007 in O.S.No.86 of 1986 on the file of Additional Senior Civil Judge's Court, Tenali. The Trial Court "Allowed" the said application filed to review the Order, dated 17.08.2009 passed in I.A.No.93 of 2009 in I.A.No.388 of 2007 in O.S.No.86 of 1986.
2. For the sake of convenience, the parties are referred to as they were arrayed in the Trial Court proceedings.
3. The facts of the case, in brief, are as follows:
The plaintiff, defendant Nos.2, 3, 4, 5 and 6 are the sons, defendant Nos.7 to 9 are the daughters of late Turaga Ramamurthy. Defendant No.1 is the second wife of Turaga Ramamurthy and mother of plaintiff, defendant Nos.3 to 9 and stepmother to defendant No.2. The plaintiff contends that he is entitled to 11/70th share in the joint family properties, but the defendant Nos.1 and 3 to 9 are not cooperating for partition. It was alleged that the defendant No.5 is managing the entire joint family properties without accounting for it and the defendant Nos.5 and 6 in collus
The judgment establishes the principle that the coparcenary rights of daughters in ancestral property are determined by the provisions of the Tamil Nadu Act No.1 of 1990 and the Hindu Succession (Ame....
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
Daughters are equal co-parceners with sons by birth, and the right is conferred by birth and not by inheritance, as per the Hindu Succession Amendment Act, 39 of 2005.
The amended provisions of Section 6 of the Hindu Succession Act apply to pending proceedings and confer equal rights to daughters in a coparcenary property. The rights of daughters are by birth and n....
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
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