Daughters are entitled to equal share in ancestral joint family property under Sec. 6 of the Hindu Succession Amendment Act 2005.

JUDGMENT

K.S.HEMALEKHA J. - The concurrent findings of the Courts below has been challenged by the defendant assailing the judgment and decree dtd. 31/7/2014 in RA No.75/2013 on the file of II Additional District and Sessions and Spl. Judge, Dharwad, confirming the judgment and decree dtd. 24/4/2013 in OS No.262/2011 on the file of the III Additional Civil Judge (SR.DN) and CJM, Dharwad.

2. The parties herein are referred to as per the ranking before the trial Court.

3. The plaintiff and the defendant are brother and sister. Suit filed for partition and separate possession seeking 1/2 share in the suit schedule properties contending that the suit schedule properties is the ancestral joint family property of the family of the plaintiff and defendant and during the life time of the deceased father Ningappa both plaintiff and defendant were in joint possession and enjoyment of the suit schedule properties.

4. The defendant appeared and filed his written statement disputing the very relationship of the plaintiff and defendant and denied that the plaintiff is entitled for share in the suit schedule properties.

5. The trial Court on the basis of the pleadings, material and evidence on record held that the suit properties are the joint family properties of the plaintiff and the defendant and the defendant has failed to prove that there is no relationship between the plaintiff and the defendant and granted 1/2 share in the suit schedule properties.

6. Being aggrieved by the judgment and decree of the trial Court defendant preferred an appeal before the lower appellate Court. The lower appellate Court on re- appreciation of the material and evidence on record held that the plaintiff is entitled for 1/2 share in the suit schedule properties and dismissed the appeal filed by the defendant confirming the judgment and decree of the trial court.

7. Heard the learned counsel for appellant Sri. Shivaraj P. Mudhol and the learned counsel for the respondent Sri.Arun L. Neelopant.

8. In addition to the various other contention urged in the appeal memo, it is the foremost contention of the learned counsel for the appellant that the plaintiff is not entitled for 1/2 share in the suit schedule properties as defendant / appellant is disputing the very relationship of the plaintiff with that of the defendant. It is further contended by the appellant that the suit item No.3 and 4 are the self acquired property of the defendant and that the Courts below have not taken into consideration that item No.3 and 4 are the self acquired property of the defendant.

9. Per contra learned counsel for respondent Sri.Arun L. Neelopant, contended that the Courts below have concurrently held that the plaintiff is the sister of the defendant and there is a relationship that of a brother and sister between the plaintiff and the defendant and on analyzing the material facts on record trial Court and the First Appellate Court have held that the plaintiff is entitled for 1/2 share in the suit schedule properties.

10. Insofar as item Nos.3 and 4 is concerned, it is contended that the defendant in his cross examination has admitted that the suit schedule item Nos.3 and 4 are the ancestral properties of this plaintiff and defendant and thus, sought to contend that the Courts below have concurrently and rightly held that the plaintiff is the daughter of late Ningappa and thus, entitled for 1/2 share in the suit schedule properties.

11. The defendant has disputed the very relationship of the plaintiff with that of the defendant. The plaintiff in order to prove her relationship with the defendant and that Ningappa and the mother Mallavva are the parents has got marked Exs.P1 to P12. Ex.P1 to P4 are the RTC revenue records pertaining to suit schedule properties wherein the name of the plaintiff appears and the father's name is shown as Ningappa. Ex.P6 is the marks card of the plaintiff where the name of the father is shown as Ningappa. Exs.P7 and P8 are the marks card pertaining t