JUDGMENT :

Prashant Kumar Mishra, J.

Short issue arising for consideration in this first appeal is -

Whether daughter of a pre deceased karta/coparcener is entitled to have equal share in the ancestral property after the amendment in Section 6 of the Hindu Succession Act, 1956 (for short 'the Act') w.e.f. 9.9.2005 ?

2. The Trial Court has allowed the plaintiff's suit for partition granting 1/3rd share each to plaintiff/respondent No.1 Dhanmat Bai, appellant No.1/defendant No. 1 Gannu @ Gaanu Ram and appellant No.2/defendant No. 2 Deni Bai.

3. Indisputably, the property at the hands of the common ancestor deceased Ramai was ancestral property. Ramai died about 8 years back from 14.02.2011 (as stated by plaintiff Dhanmat Bai when she was examined before the Trial Court on 14.02.2011). The exact date of death of Ramai is not available on record, but in any case his death has taken place prior to 9.9.2005 i.e. the date on which Section 6 of the Act suffered amendment.

4. For ready reference and convenience the amended Section 6 of the Act is quoted below:

6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a