The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.

ORDER :

V Srishananda, J.

1. Heard Sri. Shivakumar N., learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent.

2. Defendants No.1 and2 in OS No.344/2023 is the revision petitioners challenging the dismissal of the application filed under Order VII Rule 11 of he Code of Civil Procedure.

3. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under:

3.1 First respondent filed suit in OS No.344/2023 with the following prayer in the respect of the following immovable properties (hereinafter referred to as the suit properties).

PRAYER:

WHEREFORE, the Plaintiff respectfully pray that this Hon'ble Court be pleased to pass a judgement and decree-

(a) To declare that the plaintiff is entitled for partition and to allot her 1/7^th share each in the suit schedule properties;

(b) For mense profits.

(c) Pass appropriate order as this Hon'ble Court deems fit to pass under the facts and circumstances of the case including award of cost of this suit, in the interest of justice and equity.

SCHEDULE PROPERTY

Item No.1:

All that piece and parcel of agricultural property bearing Sy. No.75/1, measuring to an extent of 4 acre 6 guntas, situated at, Aruvanahalli village, Kundana hobli, Devanahalli taluk, Bengaluru rural district, bounded on the:

ITEM No.2:

All that piece and parcel of agricultural property bearing Sy. No.75/2 measuring to an extent of 8 guntas, situated at, Aruvanahalli village, Kundana hobli, Devanahalli taluk, Bengaluru rural district, bounded on the:

Item No.3:

All that piece and parcel of agricultural property bearing Sy.No. 76/1 measuring to an extent of 4 acre 26 guntas, situated at, Aruvanahalli village, Kundana hobli, Devanahalli taluk, Bengaluru rural district, bounded on the:

Item No.4:

All that piece and parcel of agricultural property bearing Sy. No.76/2 measuring to an extent of 28 guntas, situated at, Aruvanahalli village, Kundana hobli, Devanahalli taluk, Bengaluru rural district, bounded on the:

3.2 Plaintiff contended that she being the daughter of daughter of Sri Anjanappa who is the common prepositus is having the right, title and interest in the suit property in view of the amendment to Section 6 of the Hindu Succession Act as admittedly Anjanappa died after 2003.

3.3 Pursuant to the suit summons, defendants No.1 and 2 entered appearance filed written statement and also contended that there was a previous partition which was registered and suit cannot be maintained.

3.4 Defendants also contended that all the properties are not included in the plaint and therefore plaint is to be rejected.

3.5 It is also the contention of the defendants that Anjanappa has executed a Will in favour of the plaintiff and therefore, suit for partition is not maintainable.

3.6 Plaintiff opposed the said application by filing written objection.

3.7 Learned Trial Judge considering the rival contentions of the parties dismissed the application inter alia holding in paragraphs No.7 to 10 as under:

7. POINT No.1: The plaintiff has filed suit for partition seeking 1/7th share in the suit properties. There are only 4 properties which are proposed by defendant No.8 for acquisition. It