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Lakshman Reddy, S/o. Late Govinda Reddy – Appellant
Versus
G. Danamma, W/o. Jayaramreddy – Respondent
JUDGMENT :
(C.M. Joshi, J.)
This appeal is filed by defendant No.3 in OS No.5761 of 2004 being aggrieved by the judgment and decree dated 22nd November 2008 passed by the learned XXXVIII Additional City Civil and Sessions Judge, Bangalore City.
2. The parties would be referred to as per their ranks before the trial Court for the sake of convenience.
3. The facts of the case as averred in the plaint are that, plaintiff Nos.1 to 5 before the trial Court who are respondent Nos.1 to 5 herein, claimed the relief of partition and the separate possession of their 1/9th share in the suit schedule properties and for other reliefs which are as below:
b) for partition of the suit schedule property by metes and bounds and to deliver their 1/9th share in the suit schedule property.
c) for separate possession of the plaintiff’s share in the suit schedule property.
d) and grant of permanent injunction, restraining the defendants from alienating or dispossessing the suit schedule property.
e) for grant of such other relief or reliefs, as this Hon'ble court deems fit to grant under the circumstances of the case, in the interest of justice and equity.
4.
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 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 partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
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