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S. S. SUNDAR
V. Vandhana – Appellant
Versus
Vijayasekaran – Respondent
JUDGMENT :
(Prayer : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree in A.S.No.36 of 2016 on the file of III Additional District and Sessions Court, Dharapuram, Thiruppur District, dated 24.04.2017, confirming the judgment and decree in O.S.No.106 of 2014 on the file of Subordinate Court, Udumalpet, dated 28.04.2016.)
1. The plaintiffs in the suit in O.S.No.106 of 2014 on the file of the Subordinate Court, Udumalpet, are the appellants in the above Second Appeal.
2. The appellants filed the suit in O.S.No.106 of 2014 on the file of the Subordinate Court, Udumalpet, for partition of 2/6 share in suit ASchedule and 8/27 share in the suit B-Schedule and for consequential reliefs.
3. The case of the plaintiffs/appellants in the plaint is as follows :
3.1.The suit properties originally belonged to one Ayyappa Naicker who was holding the same as ancestral. Ayyappa Naicker and his only son by name Duraisamy Naidu divided the suit properties among the family members who are coparceners by virtue of a partition deed, dated 11.05.1967, which is registered as Doc.No.2345/1967 on the file of Sub- Registrar's Office, Udumalpet. As per the said pa
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.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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 main legal point established in the judgment is the entitlement of daughters to claim coparcenary rights under the Mitakshara law and the Hindu Succession Act, 1956.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
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