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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
HON'BLE SHRI JUSTICE R. M. JOSHI
Kashinath S/o Tapiram Tayde – Appellant
Versus
Sau Parvatabai @ Vaijayabai Chintaman Bhalerao – Respondent
JUDGMENT :
1. This second appeal involves following substantial questions of law :-
(i) Whether the plaintiff who is a daughter would have the benefit of the amended provisions as amended by the Central Act of 2005 in Hindu Succession Act ?
(ii) The plaintiff is born prior to 1956. The defendant No. 1 is also born prior to 1956. The father of the plaintiff and defendant No. 1 died in the year 1990. In such circumstances, whether the provisions of the Central Amendment in the year 2005, to the Hindu Succession Act, would be available to the plaintiff ?
2. Parties are referred to as Plaintiff and Defendants.
3. Plaintiff is the real sister of Defendant No. 1 and daughter of Tapiram. Plaintiff filed suit for partition and separate possession in respect of five properties as described in paragraph No. 1 of the plaint. She claims that these properties are ancestral properties of Plaintiff and Defendants. It is also claimed that out of the ancestral properties, their father had purchased some of the properties but in the name of himself and Defendant No. 1. It is also claimed that Plaintiff came to know about the revenue record indicating name of defendants in respect of the suit properties,
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
Daughters are equal co-parceners with sons by birth, and the right is conferred by birth and not by inheritance, as per the Hindu Succession Amendment Act, 39 of 2005.
Daughters have equal rights in coparcenary property regardless of marriage status, and oral partitions not supported by registered documents are not recognized.
The main legal point established in the judgment is that the Central enactment prevails over the State law, and the daughters, including those married prior to 1994, are entitled to an equal share in....
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.
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