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ANANT RAMANATH HEGDE
Prafulla M. Bhat – Appellant
Versus
Saraswati Shastri – Respondent
JUDGMENT (CAV)
Whether the coparcenary property allotted to the share of a father, before 20th December 2004, in a partition among the father and sons, which becomes his separate property after the partition, regains the status of a coparcenary property by virtue of amended Section 6 of the Hindu Succession Act of 1956, enabling the daughters who were born and alive when the partition took place (before 20th December, 2004) to claim a share in the property allotted to the father?
Or to put it simply,
Whether Section 6 of Hindu Succession Act of 1956, elevates the daughter who was already born at the time of a partition that took place before 20th December 2004, between the father and his sons, to the status of the daughter born after the partition, to claim the share in the property allotted to the father?
2. Whether the appellants establish that the registered gift deed dated 21.07.2007 allegedly executed by Mahadev (appellants’ father) is outcome of fraud and misrepresentation?
1. The questions referred to above, arise in this appeal against a decree dismissing the suit for partition filed by the daughters of Mahadev.
2. Five daughters of Mahadev filed the suit claiming a s
Devolution of interest in coparcenary property – Daughter of a coparcener shall have same rights in coparcenary property as she would have had if she had been a son.
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 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 born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
The central legal point established in the judgment is the interpretation of Section 6 of the Hindu Succession Act regarding the devolution of interest in coparcenary property and the rights of separ....
Daughters are coparceners with equal rights to property by birth under Section 6(1) of the Hindu Succession Act, and unrecognized oral partitions do not affect these rights.
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