Daughters are recognized as coparceners under amended Hindu Succession Act, with entitlements to ancestral property shares, emphasizing distinctions between ancestral and separate properties.

JUDGMENT :

R.SAKTHIVEL, J.

Feeling aggrieved by the Judgment and Decree dated June 05, 2018 passed in O.S. No.204 of 2012 by 'the Sessions (Fast Track Mahila) Court, Namakkal' ['Trial Court' for brevity], the Plaintiffs therein have preferred this Appeal Suit under Section 96 read with Order XLI Rules 1 and 2 of 'the Code of Civil Procedure, 1908 ' ['CPC' for short].

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFFS' CASE:

3. Case of the Plaintiffs is that the suit properties consist of two items.

3.1. The 1^st item of the suit properties comprises of Survey No.464 situate at Akkalampattu Village and the 2^nd item of the Suit properties comprises of Survey Nos.114, 120, 127 and 131 situate at Putthur- Keelmugam Village. Both the Suit villages fall under Tiruchengode Taluk of Namakkal District.

3.2. As regards Suit Item No.1, the entire extent of Suit Survey No.464 i.e., 10 Acre 75 Cents was originally owned by Rama Gounder. Post his demise, the entire extent of Survey No.464 fell into the hands of his three sons, namely Sellappa Gounder, Sengoda Gounder and 'Rama Gounder alias Ramasamy Gounder' [hereinafter 'Ramasamy Gounder' for brevity]. One of his sons, namely Sellappa Gounder sold his 1/3 common share in the entire extent of Survey No.464 to his two brothers - Sengoda Gounder and Ramasamy Gounder, on February 12, 1947. Thereafter, Sengoda Gounder and Ramasamy Gounder entered into a registered Partition Deed dated July 06, 1954, whereby they divided the entire extent of Survey No.464 equally. In other words, 'A' Schedule Property described therein consisting of an extent of 5 Acre 37 ½ Cents in Survey No.464 was allotted to Sengoda Gounder, and 'B' Schedule Property described therein, which consists of the remaining extent of 5 Acre 37 ½ Cents in Survey No.464, was allotted to Ramasamy Gounder. The said property allotted to Ramasamy Gounder is Suit Item No.1.

3.3. Suit Item No.2 is Ramasamy Gounder's ancestral entitlement.

3.4. Ramasamy Gounder passed away on May 02, 1990. He had two wives, namely Kaliammal (1st wife) and Sellammal (2nd wife). Through his 1^st wife - Kaliammal, he had two daughters namely Pavaayee and Muthayee. Pavaayee died without any issues prior to 1989. Muthayee passed away on October 25, 2003, whose legal heirs are Defendants 6 and 7. The Plaintiffs and the Defendants 1 and 2 are daughters and sons of 2^nd wife - Sellammal respectively.

3.5. The Plaintiffs are entitled to share in the suit properties in view of 'the Hindu Succession Act, 1956 ' [henceforth 'H.S. Act'] as amended by 'the Hindu Succession (Amendment) Act, 2005 (Act No.39 of 2005)' [henceforth '2005 H.S. Amendment Act']. After the demise of Kaliammal and Muthayee (1st wife and one of the two daughters of Ramasamy Gounder born through 1^st wife), the Plaintiffs and the Defendants 1 and 2 (being sons and daughters of Ramasamy Gounder born through 2^nd wife) are each entitled to 1/5 share in the suit properties, while the Defendants 6 and 7 (being the children of said daughter - Muthayee) are jointly entitled to 1/5 share in the suit properties. The Plaintiffs and the Defendants are in joint possession and enjoyment of the suit properties.

3.6. Sellammal, the 2^nd wife of Ramasamy Gounder during her lifetime executed a Settlement Deed in favour of the Defendants 3 to 5 in respect of suit properties. Hence, the Defendants 3 to 5 were added as necessary parties. Further, the 2nd Defendant filed O.S. No.824 of 2004 in his capacity as a co-owner of suit properties, seeking permanent injunction against the 8^th De