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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Ramachandra Reddy – Appellant
Versus
M. Suvarna – Respondent
JUDGMENT :
RENUKA YARA, J.
Heard Sri P. Gangarami Reddy, learned counsel for the appellants and Sri A. Sai Chakravarthy, learned counsel for respondent Nos.1 to 4.
2. This is an appeal preferred by the appellant/defendant No.6 aggrieved by the judgment and decree of the learned II Additional District Judge (FTC) at Mahabubnagar, dated 05.03.2019 in O.S.No.26 of 2012, whereby the suit for partition and separate possession filed by the respondent Nos.1 to 4/plaintiffs has been decreed allotting 1/6th share to respondent No.1/plaintiff No.1, 1/6th share to respondent Nos.3 and 4/plaintiff Nos.3 and 4, 1/6th share each to respondent Nos.5, 6 and 8/defendant Nos.1, 2 and 4 and lastly, 1/6th share to respondent Nos.10 to 13/defendant Nos.7 to 10.
3. For the sake of convenience, the parties in this appeal are referred to as they are arrayed in O.S.No.26 of 2012.
4. The suit was filed by the plaintiffs seeking 1/6th share in the property consisting of Ac.3.00 gts. of dry land in Sy.No.25/1 within limits of Badepally Village of Jadcherla Mandal, Mahabubnagar District (hereinafter referred as ‘suit schedule property’). Sayanna who is original owner of suit schedule property died intestate. The pl
Daughters are recognized as coparceners under the Hindu Succession Act, 2005, entitling them to equal rights in ancestral property, irrespective of their birth date.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
Daughters have equal coparcenary rights in Hindu Undivided Family properties post-2005 amendment, but prior partitions are valid if established before the amendment.
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.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
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.
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.
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