The main legal point established in the judgment is the distinct right of female heirs to inherit in the ancestral estate along with coparceners, as provided in Section 8 of the Mysore Hindu Law Women's Rights Act 1933, and the interpretation of the devolution of interest in coparcenary property under Section 6 of the Hindu Succession Act 1956.

K. SREEDHAR RAO, J.

( 1 ) THE appeal filed against the judgment and decree passed in RA No. 44/95 on the file of Civil judge, Senior Division, Holenarasipura arising of the judgment and decree passed in O. S. No. 207/92 on the file of Munsiff, Holenarasipura.

( 2 ) THE appellants are the defendants. The respondent- plaintiff filed a suit for partition and possession of his 3/10th share in the suit properties consisting of agricultural lands and house property and the movables mentioned in the B schedule. One Sathigowda is the propositus, father of the plaintiff and defendants 2 to 4. The first defendant is the wife of Sathigowda. The propositus died in the year 1990. The plaintiff submits that the suit properties are ancestral properties, after demise of Sathigowda claims that he is entitled to a share in the property, accordingly filed a suit for partition.

( 3 ) THE defendants contend that the plaintiff on his marriage become illatom son-in-law to his in laws, he severed his links with the natural family, therefore not entitled to any share in the property. The defendants also plead ouster and adverse possession. The Trial Court rejected the defence contentions allowed the suit of the plaintiff declaring 2/9th share in the A schedule property and rejected the relief in respect of the B schedule property. The first appellate Court confirmed the findings in the judgment and decree of the Trial Court, dismissed the appeal of the defendants. Hence, the second appeal.

( 4 ) THE following substantial questions of law are framed for consideration :

(1) Whether the appellate Court erred in denying share to the first defendant and other daughters by ignoring Section 8 of the Hindu Law Women's Property Act of 1933.

(2) The grant of 2/9th share to the plaintiff in the suit schedule property is excessive and contrary to law?"

( 5 ) THE relationship of the parties inter-se and the character of a schedule property as ancestral property are not in dispute. The contention of the defendants that plaintiff severed his links and he was ousted from the property therefore not entitled to any share in the property has been rejected concurrently by the Courts below. The said finding is sound and proper.

( 6 ) THE provisions of Section 8 of Mysore Hindu Law Women's Rights Act 1933 (hereinafter called Mysore Act 1933) and 6 of Hindu Succession Act, 1956 are reproduced hereunder for convenient reference.

"section 8: Certain females entitled to shares at partition : (1 (a)At a partition of joint family property between a person and his son or sons, his mother, his unmarried daughters and the widows and unmarried daughters his predeceased undivided sons and brothers who have left no male issue shall be entitled to share with them.

(b) At a partition of joint family property among brothers, their mother, their unmarried sisters and the widows and unmarried daughters of their predeceased undivided brothers who have left no male issue shall be entitled to share with them.

(c) Sub-sections (a) and (b) shall also apply mutates mutandis to a partition among other co-parceners in a joint family.

(d) Were joint family property passes to a single co-parcener by survivorship, it shall so pass subject to the right to shares of the classes of females enumerated in the above sub-sections. (2) Such share shall be fixed as follows: (

a) In the case of the widow, one-half of what her husband, if he were alive, would receive as his share;

(b) In the case of the mother, one-half of the share of a son if she has a son alive, and, in any other case one-half of what her husband, if he were alive, would receive as his share;

(c) in the case of every unmarried daughter or sister, one-fourth of the share of a brother if she has a brother alive, and, in any other case, one-fourth of what her father, if he were alive, would receive as his share; provided that the share to which a daughter or sister is entitled under this section shall be inclusive of, and not in addition to,

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