A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.

ORDER :

V Srishananda, J.

Heard Sri Satisha D.J., learned counsel for the petitioners and Sri A. Madhusudhan Rao, learned counsel for the respondent No.1.

2. The Present Civil Revision Petition is filed by the legal representatives of defendant No.3 and defendant No.4 in O.S No.247/2019, challenging the dismissal of the application filed under Order VII Rule 11(a) of the Code of Civil Procedure.

3. The facts in the nutshell, which are utmost necessary for disposal of the present revision petition, are as under:

3(i) First respondent – plaintiff filed suit in O.S.No. 247/2019 for the following reliefs, in respect of following immovable properties (hereinafter referred to as “suit properties”):-

"WHEREFORE, the plaintiff above named prays most respectfully that this Hon'ble court may kindly be pleased to pass the judgment and decree against the defendants as follows:-

a) For Judgment and decree in favour of plaintiff, partitioning the suit schedule properties by metes and bounds by allotting the plaintiff legitimate 1/3^rd share out of 1/4^th share of 2^nd defendant over the suit schedule properties.

b) To send the preliminary decree to the Tahasildar, Magadi Taluk, Magadi and to appoint as court commissioner so as to demarcate the suit schedule properties and put them in separate possession as required under section 54 of the Code of Civil Procedure. [sic]

c) For cost of the suit and such other relief's as this Hon'ble court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.

SUIT SCHEDULE PROPERTIES

1. All that piece and parcel of the agricultural property bearing Sy.No.17/6 measuring to an extent 2.16.00.00 (Two Acres and Sixteen) Guntas, situated at Haluru Village, Soluru Hobli, Magadi Taluk, Ramanagara District, bonded towards:-

2. All that piece and parcel of the agricultural property bearing old Sy.No.18 New Sy.No.18/1 measuring to an extent 5.39.00.00 (Five Acres and Thirty Nine) Guntas, situated at Haluru Village, Soluru Hobli, Magadi Taluk, Ramanagara District, bonded towards:-

3. All that piece and parcel of the agricultural property bearing Sy.No.20/2 measuring to an extent 4.16.00.00 (Four Acres and Sixteen) Guntas, situated at Haluru Village, Soluru Hobli, Magadi Taluk, Ramanagara District, bonded towards:-

4. All that piece and parcel of the agricultural property bearing Sy.No.31/1 measuring to an extent 0.14.00.00 (Fourteen) Guntas situated at Haluru Village, Soluru Hobli, Magadi Taluk, Ramanagara District, bonded towards:-

5. All that piece and parcel of and the agricultural property bearing Sy.No.22/1 measuring to an extent 0.15.00.00 (Fifteen) Guntas, situated at Haluru Village, Soluru Hobli, Magadi Taluk, Ramanagara District, bonded towards:-

3(ii) To substantiate her right to seek partition, necessary averments made in the plaint are in paragraph Nos.5 to 7, which are culled out hereunder for ready reference.

"5) The plaintiff submits that the said originator of the Hindu undivided joint family viz., Hanumanthaiah s/o Sanjeevaiah died intestate on 26/05/2011 and after his demise the suit schedule properties are devolved upon by the plaintiff and the defendants by way of inheritance. The plaintiff and the defendants being the legal heirs of said deceased Hanumanthaiah have inherited the suit schedule properties by way of inheritance and hence the same are the ancestral and joint family properties of the p