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ALKA SARIN
Maya – Appellant
Versus
Kalawati – Respondent
JUDGMENT
Alka Sarin, J.
The present regular second appeal has been preferred by the plaintiff-appellants aggrieved by the judgment and decree dated 28.08.1987 passed by the Trial Court and the judgment and decree dated 12.01.1989 passed by the First Appellate Court.
2. The brief facts relevant to the present lis are that the plaintiff-appellants filed a suit for declaration challenging the decree dated 22.07.1981 passed in favour of defendant-respondent No.1, namely, Kalawati. It was the case set up that the parties were related to each other and come from one common ancestor, namely, Arjun. It was averred that Shri. Kishan - father of Maya, Pyari (plaintiff-appellants) and Smt. Kalawati (defendant-respondent No.1) and husband of Nangi (plaintiff No.3 in the original suit) was owner in possession of 2/3rd share of agricultural land described in para No.2 of the plaint measuring 25K-11M and a pacca house situated in the Revenue Estate of Village Dadanpur. It was further the case set up that Shri. Kishan had no male issue and was not on good terms with his nephews Kundan etc. at that time and the defendant-respondent No.2, who is the husband of defendant-respondent No.1, gave shelter
The court upheld the validity of a consent decree, ruling that the deceased had the authority to alienate property as separate property, and the plaintiffs failed to prove fraud.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
The court established the principle that under the Tamil Nadu Amendment Act 1/1990, a daughter is entitled to her share in ancestral property, and any disposition or alienation without her consent is....
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
A co-sharer’s right to ancestral property is inherent and cannot be extinguished by absence from the parental home.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
Daughters are barred from inheriting from their father if succession opened prior to the Hindu Succession Act of 1956, which does not retroactively apply.
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