Case Note & Summary
The case pertains to a partition suit filed by the appellants, who are daughters of the deceased Basalingayya Hiremath, seeking a share in the joint family property. The trial court partly decreed the suit but did not grant equal share to the daughters, holding that they were not entitled to equal share as coparceners. The appellants appealed against this judgment. The respondents, who are the sons and other family members, opposed the appeal. The High Court of Karnataka, Dharwad Bench, considered the legal issue of whether daughters are coparceners by birth under the amended Section 6 of the Hindu Succession Act, 1956. The court held that the amendment in 2005 made daughters coparceners by birth, entitled to equal share in the joint family property. The court allowed the appeal, set aside the trial court's decree to the extent it denied equal share to the daughters, and directed that the daughters be given equal share in the partition. The court also directed that the shares of the parties be re-determined accordingly.
Headnote
A) Hindu Law - Coparcenary Rights - Daughters as Coparceners by Birth - Section 6, Hindu Succession Act, 1956 - The court considered whether daughters are entitled to equal share in joint family property as coparceners by birth under the amended Section 6 of the Hindu Succession Act, 1956. The court held that daughters are coparceners by birth and are entitled to equal share in the joint family property, and the trial court erred in not granting them equal share. (Paras 1-10) B) Civil Procedure - Appeal - Regular First Appeal - Section 96, Code of Civil Procedure, 1908 - The appeal was filed under Section 96 of CPC against the judgment and decree dated 12.07.2012 in O.S. No.45/2010 on the file of the Addl. Senior Civil Judge, Haveri, partly decreeing the suit for partition and separate possession. The court allowed the appeal and modified the decree to grant equal share to the daughters. (Paras 1-10)
Issue of Consideration
Whether daughters are entitled to equal share in the joint family property as coparceners by birth under the amended Section 6 of the Hindu Succession Act, 1956, and whether the trial court erred in not granting them equal share.
Final Decision
Appeal allowed. The judgment and decree of the trial court dated 12.07.2012 in O.S. No.45/2010 is set aside to the extent it denied equal share to the daughters. The daughters are entitled to equal share in the joint family property. The shares of the parties shall be re-determined accordingly.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- coparcenary rights
- daughters as coparceners by birth
- partition
- joint family property
- amendment 2005
- retrospective effect
