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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Murlidhar Verma (Dead) Through Lrs. – Appellant
Versus
Bunda Bai Verma, Wd/o. Late Nageshwar Verma – Respondent
Judgment :
Narendra Kumar Vyas, J.
1. This is defendants’ Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 7-5-2011 passed by the learned Second Additional District Judge, Rajnandgaon in Civil Appeal No. 08-A/2011 whereby learned Second Additional District Judge has dismissed the appeal and affirmed the judgment and decree dated 19-3-2010 passed by 2nd Civil Judge, Class-1, Rajnandgaon in Civil Suit No 36-A/2008 by which the learned trial Court has decreed the suit filed by the plaintiff.
2. This appeal was admitted by this Court on 30-08-2012 on the following substantial question of law:-
“Whether appellants No. 2 & 3 ie., Jai Prakash and Lekhchand would become coparceners entitle for share in the coparcenary property in view of the amended provisions of Section 6 of the Hindu Marriage Act, 1956?”
3. For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the Civil Suit No. 36-A/2008 before the trial Court.
4. Brief facts reflected from the plaint averments are that;
A. The plaintiffs filed a suit before learned Civil Judge Class-1, Rajnandgaon on 22.02.2003 for partition and de
Children from void marriages cannot inherit ancestral property; their rights are confined to their parent's property, consistent with Hindu Succession Act amendments.
Children born from void marriages are deemed legitimate under Section 16 of the Hindu Marriage Act, allowing them to inherit from their parents' property, including ancestral property.
The amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
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.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
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