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Smart Summary

Factual and Procedural Background

The case involves a joint family consisting of the plaintiff and defendants Nos. 1, 2, 5, and 8, who jointly possess immovable properties described in schedules B to E. These properties were acquired in the name of the propositus Gurulingappa Savadi, who died about a year prior to the suit, leaving behind defendant Nos. 6 and 7 (daughters) and defendant Nos. 1 and 5 (sons). Since there was no division of the properties after the propositus's death, the plaintiff filed a suit for partition and separate possession against his father, uncle, and siblings.

The defendants appeared and filed written statements claiming entitlement to shares in the suit properties. Defendant No. 5 specifically contended that defendant Nos. 6 and 7 are entitled to shares if division takes place. The learned trial Judge ruled that the plaintiff is entitled to 1/8 share in the schedule B, C, and D properties (except CTS No. 7/4) and machineries, defendant Nos. 2 to 4 are entitled to 1/8 share, defendant No. 5 to 4/8 share, but denied shares to defendant Nos. 6 and 7. Defendant Nos. 6 and 7 appealed against this denial.

Legal Issues Presented

  1. Whether defendant Nos. 6 and 7, daughters born prior to the commencement of the Hindu Succession Act, are entitled to a share in the suit schedule properties as co-parceners under the amended Act.

Arguments of the Parties

Defendant Nos. 6 and 7's Arguments

  • They adopted the written statement filed by defendant No. 5, who contended that defendant Nos. 6 and 7 are entitled to a share in the properties if division takes place.

The respondents did not enter appearance and thus did not present arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Pushpalatha N.V v. V. Padma, ILR 2010 KAR 1484 The status of a daughter born prior to 1956 is not that of a co-parcener under the amended Hindu Succession Act and thus she is not entitled to a share as a co-parcener. The court relied on this precedent to hold that defendant Nos. 6 and 7, born before the Act's commencement, are not entitled to shares in the joint family properties.

Court's Reasoning and Analysis

The court examined the status of defendant Nos. 6 and 7 in light of the Hindu Succession Act and relevant case law. It noted that these defendants were born prior to the Act's commencement and referred to the coordinate bench decision in Pushpalatha N.V v. V. Padma, which held that daughters born before 1956 do not qualify as co-parceners under the amended Act. Respecting this binding precedent, the court concluded that defendant Nos. 6 and 7 cannot be granted a share in the properties. The court also observed that the defendants' counsel had adopted the written statement of defendant No. 5 but emphasized that the legal position precludes granting any share to defendant Nos. 6 and 7.

Holding and Implications

The appeal by defendant Nos. 6 and 7 is dismissed.

The direct effect of this decision is that defendant Nos. 6 and 7 are not entitled to any share in the suit schedule properties. The judgment upholds the trial court’s decree denying them a share. No costs were imposed. The court’s ruling follows established precedent and does not create new legal principles.

    Danamma v. Amar

    The Judgment of the Court was delivered by

    Ajit J. Gunjal, J.:— This appeal is by the defendant Nos. 6 and 7 who are aggrieved by the judgment and decree passed by the learned trial Judge wherein their share has been denied.

    2. We have heard Mr. Mruthyunjaya Tata Bangi, learned counsel for the appellants who are defendant Nos. 6 and 7 before the trial Court. The respondents are served but however have not chosen to enter appearance.

    3. During the course of judgment, parties would be referred to their rank before the trial Court,

    4. The joint family consisting of plaintiff and defendant Nos. 1. 2, 5 and 8 owns immovable properties at schedule B to E and they are in joint possession as coparceners and the landed properties described in B Schedule are acquired out of the joint family nucleus in the name of the propositus Gurulingappa Savadi who died about a year’ back living behind defendant Nos. 6 and 7 who are daughters and defendant Nos. 1 and 5 who are the sons. Since there was no division, after the death of propositus, the present suit is filed for partition and separate possession by the plaintiff as against his father, uncle and siblings.

    5. The defendants entered appearance and filed written statement inter alia contending that they are entitled to a share in suit schedule properties. The specific averment made by defendant No. 5 is that even assuming if the division has to lake place, defendant Nos. 6 and 7 are entitled for share in the properties. The learned trial Judge having regard to the status of family was of the view that the plaintiff is entitled for partition and separate possession to an extent of 1/8 share in the suit ‘B’, ‘C’ and ‘D’ schedule properties, except CTS No. 7/4 and also in respect of machineries as disclosed in the report of the Commissioner. The defendant Nos. 2 to 4 cash entitled for 1/8 share and defendant No. 5 is entities to 4/8 share in the above said properties. Since the defendant Nos. 6 and 7 are denied their shares, they are in appeal.

    6. Apparently, it is to be noticed that defendant Nos. 6 and 7 are born prior to coming into force of the Hindu Succession Act. Indeed, the question is, whether they are entitled for share in the suit schedule properties, as per the amended Act. This question is no longer res integra inasmuch as a coordinate bench of this Court in the case of Pushpalatha N.V v. V. Padma reported in ILR 2010 KAR 1484 has observed that the status of the daughter who claims to be a Co-parcener born prior to 1956 is not entitled for the benefit of the amended Act inasmuch as she cannot be considered as Co-parcener. We respectfully agree with the decision rendered by the coordinate bench. Having said so, we are of the view that, the question of upsetting the judgment and decree passed by the learned trial Judge denying the share to defendant Nos. 6 and 7 does not arise. It is submitted that learned counsel for defendant Nos. 6 and 7 in the trial Court has must have filed a memo adopting the written statement filed by defendant No. 5. But, however having regard to the position of law. the question of granting, any share to defendant Nos. 6 and 7 does not arise.

    7. Appeal stands dismissed. No costs.

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    Comments

    Danamma v. Amar
    (Jan 25, 2012)