Case Note & Summary
The appellants, R. Sandhya and R. Swetha, daughters of S.R. Raju, filed a suit for partition and separate possession of their 1/3 share each in the schedule B property, claiming that the property is joint family property. They also sought accounts and an injunction against alienation. The trial court dismissed the suit on 22.10.2008. The appellants appealed under Section 96 of the Code of Civil Procedure, 1908. The High Court of Karnataka allowed the appeal, holding that by virtue of the amendment to Section 6 of the Hindu Succession Act, 1956 by Act 39 of 2005, daughters are coparceners and entitled to a share in joint family property. The court set aside the trial court's judgment and decree and remanded the matter for determination of mesne profits and other reliefs.
Headnote
A) Hindu Law - Partition - Daughter's Right - Section 6 Hindu Succession Act, 1956 - Amendment Act 39 of 2005 - The court considered whether daughters are entitled to a share in joint family property as coparceners by virtue of the 2005 amendment. Held that the amendment is retrospective and daughters born before or after the amendment are entitled to a share, provided the partition has not taken place before the amendment. (Paras 1-10) B) Civil Procedure - Appeal - Section 96 CPC - The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree of the trial court dismissing the suit for partition and separate possession. The High Court allowed the appeal and set aside the trial court's judgment. (Paras 1-2) C) Hindu Law - Joint Family Property - Coparcenary - The court held that the suit property is joint family property and the daughters are coparceners entitled to a share. The trial court erred in dismissing the suit. (Paras 3-10)
Issue of Consideration
Whether daughters are entitled to a share in the joint family property as coparceners by virtue of the amendment to Section 6 of the Hindu Succession Act, 1956, and whether the suit for partition is maintainable.
Final Decision
Appeal allowed. Judgment and decree of the trial court dated 22.10.2008 in O.S. No.15082/2005 are set aside. The suit is decreed in part. The appellants are entitled to 1/3 share each in the suit schedule B property. The matter is remanded to the trial court for determination of mesne profits and other reliefs.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- Partition
- Joint Family Property
- Coparcenary
- Daughter's Right
- Amendment Act 39 of 2005
- Retrospective Effect
- Mesne Profits
