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P. SREE SUDHA
T. Vijaya – Appellant
Versus
Turkapalli Mallaiah – Respondent
JUDGMENT :
(P. Sree Sudha, J.)
1. This Second Appeal is filed against the Judgment and Decree dated 08.02.2008 in A.S. No.15 of 2005 passed by the learned Senior Civil Judge, Vikarabad, in which the Judgment and decree dated 11.08.2005 in O.S. No.21 of 1997 passed by the learned Junior Civil Judge, Chevella was confirmed.
2. Appellants/plaintiffs are daughters of respondent herein. They filed a suit in O.S. No.21 of 1997 against the respondent/defendant for partition and separate possession. The plaintiff No. 1 examined herself as P.W.1 and also got examined P.Ws.2 and 3 on behalf of the plaintiffs and marked Exs.A1 to A3. The defendant examined himself as D.W.1 and also got examined D.W.2 on his behalf and marked Exs.B1 and B2. The trial Court after considering the entire evidence on record, dismissed the suit and the same was also confirmed by the first appellate Court. Aggrieved by the said Judgment, appellants/plaintiffs preferred the present second appeal.
3. Appellants/plaintiffs raised the following substantial questions of law:
The main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
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.
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.
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