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V. GOPALA KRISHNA RAO
Ganisetti Sitaramayya – Appellant
Versus
Ambati Lakshmi Kumari – Respondent
JUDGMENT
This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 17.03.2023 in A.S.No.27 of 2018, on the file of the III Additional District Judge, Bhimavaram (“First Appellate Court” for short), confirming the Judgment and decree, dated 20.04.2018 in O.S.No.4 of 2012, on the file of Senior Civil Judge, Bhimavaram (“Trial Court” for short).
2. The appellants herein are the defendants and the respondent herein is the plaintiff in O.S.No.4 of 2012, on the file of Senior Civil Judge, Bhimavaram.
3. The plaintiff initiated action in O.S.No.4 of 2012 with a prayer for partition of the plaint schedule property into four equal shares by metes and bounds and to allot one such share to the plaintiff and for costs of the suit.
4. The learned trial Judge decreed the suit preliminarily without costs. Felt aggrieved of the same, the unsuccessful defendants in the above said suit filed A.S.No.27 of 2018, on the file of Senior Civil Judge, Bhimavaram. The learned First Appellate Judge dismissed the appeal by confirming the decree and judgment passed by the learned trial Judge. Aggrieved thereby, the defenda
(1) Second Appeal – In a second appeal, High Court shall not reverse findings of both Courts below except under few situations.(2) Hindu Succession (Amendment) Act, 2005 enables daughters to exercise....
The court ruled that properties devolved under Section 8 of the Hindu Succession Act are not ancestral and thus not subject to partition among coparceners.
The court affirmed that property acquired from ancestral funds is joint family property, entitling the plaintiffs to a share and maintenance.
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.
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.
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.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
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