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V. SRINIVAS
Vavilapalli Rajeswari – Appellant
Versus
Bavera Appalanaidu – Respondent
JUDGMENT :
V. Srinivas, J.
This appeal under Section 96 of the Code of Civil Procedure is directed against the decree and judgment dated 26.09.2001 in O.S.No.10 of 2000 on the file of the Court of learned Senior Civil Judge, Rajam.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.
3. The appellant herein is the plaintiff and the respondents herein are the defendants before the trial Court.
4. The plaintiff instituted the suit for partition and separate possession of her 1/3rd share in suit schedule properties and in the amount deposited to the credit of L.A.O.P.Nos.12, 13 and 14 of 2000 on the file of the Court of learned Senior Civil Judge, Rajam.
5. Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to narrate the pleadings pleaded by the parties.
6. As per the averments made in the plaint, the brief case of the plaintiff, is as follows :
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
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.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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