Daughters are entitled to equal coparcenary rights in inherited family property under Section 6 of Hindu Succession Act, 1956.

JUDGMENT :

Heard Sri V.B.Siddaramaiah, learned counsel for the appellants.

2. Present appeal came to be admitted to consider the following substantial question of law:

“Whether both the Courts have committed an error in granting 1/15^th share instead of 1/5^th share?”

3. Appellants are the daughters of common propositus Rudrappa Kayakada who are the sisters of respondent Nos.1 and 2. They filed a suit for partition in O.S.No.471/2011 on the file of the Addl. Civil Judge, Davanagere, against the respondents who are the defendants.

4. Appellants claimed that they are having equal share in the suit schedule properties and their demand for equal share had been denied by the defendants. The suit properties are described as under:

SCHEDULE

1. The agricultural land bearing Re.Sy.No.173 of Bada village, Mayakonda Hobli, Davanagere Taluk, measuring 1 acre x 36 guntas and assessed at Rs.1.98 and bounded as follows:

East : lands of Bindamma,

West : lands of Suresh and Siddalingappa,

North : lands of Siddalingappa,

South : lands of Veerabhadrappa.

2. The agricultural land bearing Re.Sy.No.173/2, Bada village, Mayakonda Hobli, Davanagere Taluk, measuring 32 guntas assessed at Rs.0.86 and bounded as follows:

East : lands of Thimmanna,

West : land of Shivalingappa,

North : lands of Mallikarjuna,

South : lands of Rajappa.

3. The property bearing khatha No.152, property No.151, situated at Bada village in Davanagere Taluk and bounded as follows:

East : property of Thippanna,

West : propperty of Veeresh,

North : property of Ningappa,

South : road.

4. The property bearing katha No.777, property No.177/AP, extent 03 guntas situated at Bada village, Davanagere Taluk, and bounded as follows:

East : property of Revajja,

West : High School play ground,

North : property of Mallikarjuna,

South : property of Manjappa.

5. The property bearing katha No.778, property No.177/AP1 measuring 03 guntas situated at Bada village, Davanagere Taluk and bounded by:

East : property of Revajja,

West : High School Play ground,

North : Property bearing No.778,

South : property of Manjappa.

5. Pursuant to the suit summons, defendants entered appearance and filed detailed written statement wherein, they admitted the relationship, but denied other plaint averments.

6. Defendants specifically contended that plaintiffs are not joint family members and suit schedule properties had lost the nature of joint family properties, after the death of their father Rudrappa Kayakada.

7. Defendants also contended that, out of their hard work and income, they purchased the suit schedule properties in the name of their father out of reverence.

8. After the death of their father viz., Rudrappa Kayakada, they got transferred the revenue entries in their names, and plaintiffs had consented for such transfer of revenue entries having known the fact that suit schedule properties were acquired in the name of their father out of respect, love and affection, and consideration thereof was paid by the defendants.

9. Based on the rival contentions of the parties, learned Trial Judge raised the following issues:

(i) Whether the plaintiffs proves that the suit schedule properties are the joint family properties of the plaintiffs and defendants?

(ii) Whether the plaintiffs are entitled to 3/5^th share in the suit schedule properties?

(iii) Whether the plaintiffs are entitled to mesne profits?

(iv) Whether the plaintiffs are entitled to the relief sought?

(v) What order or decree?

10. In order to prove the case of the plaintiffs, plaintiff No.2 viz., Smt.Gowramma got examined herself as P.W.