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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Uthandi Gounder (died) – Appellant
Versus
Lakshmi – Respondent
| Table of Content |
|---|
| 1. facts concerning partition suit ownership and resulting shares. (Para 2 , 3) |
| 2. legal arguments for withdrawal of appeal and related statutes. (Para 4 , 5 , 6 , 7) |
| 3. court observations on the nature of appeals regarding partition rights. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. final conclusion on dismissal of appeal. (Para 18) |
JUDGMENT :
1. Heard.
2. This Second Appeal is directed against the judgment and decree dated 03.09.2012 of the Principal District Judge, Erode in A.S. No. 9 of 2011, which confirmed the judgment and preliminary decree dated 30.10.2008 of the Subordinate Judge, Bhavani in O.S. No. 29 of 2008. By those orders, the suit for partition was decreed, declaring that the plaintiffs (daughters) are entitled to 2/8th shares in the suit properties, and granting an injunction as a consequential relief until the final decree is passed.
3. The suit properties include both ancestral properties and properties purchased by the parties’ father. The plaintiffs are the daughters of late Narayana Gounder. The first defendant is his son, and defendants 2 and 3 are his granddaughters through a daughter who predeceased him.
4. The Courts below held that, s
An appellant may withdraw an appeal before admission, and respondents cannot insist on continuity for share enhancement if no independent appeal is filed.
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.
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.
Daughters have equal rights to ancestral property under the Hindu Succession Act, and the sale of property by male heirs does not negate the rights of female heirs.
The main legal point established in the judgment is the entitlement of the plaintiff to claim a share in the suit properties based on the evidence and admissions made by the parties.
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