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SACHIN SHANKAR MAGADUM
K R Laxmidevi – Appellant
Versus
Bhima Rao – Respondent
JUDGMENT/ORDER
1. The captioned second appeal is filed by defendant No.4 feeling aggrieved by the judgment and decree of the Appellate Court wherein Appellate Court has declined to grant share to the defendant No.4 on the premise that she was born in 1949 and that her marriage was solemnized much prior to amendment to Sec. 6(A) of Hindu Succession Act. Consequently, 1/5th share granted by the trial Court is reversed thereby declining share to defendant No.4.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. The family tree is as under:
4. One K.R.Sridhar who is the son of Gangamma and Rangappa Jois filed a suit for partition and separate possession and said suit was decreed granting 1/5th share to the plaintiff and 1/5th share to the defendants. Under the preliminary decree, the trial Court has granted 1/5th share to defendant No.4. The Appellate Court, however, while entertaining the appeal filed by defendant Nos.1 and 3 has allowed the appeal in part declining to grant share to the defendant No.4 on the premise that she was born in 1949 and that her marriage was solemnized much prior to Karnataka amendment to Hindu Succession Act
The entitlement of a daughter to a share in a partition suit under the Hindu Succession Act, based on the principles established in the Vineeta Sharma case.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
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....
Legal heirs, including daughters, are entitled to equal shares in ancestral properties, as affirmed by recent Supreme Court precedent.
Daughters are entitled to equal shares in ancestral property per the amended Hindu Succession Act, 2005.
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