..., the right of property accrues to the coparcener on birth. The concept of ancestral property is in existence since time immemorial.12. In the State of Tamil Nadu, in order to give equal position to the f...apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989;(v) nothing in clause (ii) shall...apply to a partition which had been effected before the date of commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989.”13. At this juncture, it is...

...defendants 1/20 share each of the suit property. Section 29-A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.f. 15-3-1989 by which the daughter of a coparcener shall by birth became...by this Court by a judgment dated 3-8-2009 (2009) 9 SCC 52. This Court examined the scope of Section 29-A of the Hindu Succession (Tamil Nadu Amendment...

..., the suit properties being ancestral, she is having equal right as a coparcener along with her father and brother, the respondents 1 & 2, because Section 29-A was inserted by the Hindu Succession (Tamil Nadu A...appellant, because Section 29A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (1 of 1990) which came into effect from 25.3.89 has treated the daughters also as coparceners along with sons...Hindu Succession (Tamil Nadu Amendment) Act, 1989 (1 of 1990) with effect from 25.3.89 subject to two conditions, namely, that the daughter should have remained unmarried as on 25.3.89 and no...

...share as claimed by them by virtue of the Tamil Nadu Amendment to the Hindu Succession Act, brought into force in 1989...:“Section 29-A of the Hindu Succession Act was inserted by the Tamil Nadu Act 1 of 1990 with effect from 25.3.1989 I.... Clause (iv) of Section 29-A provides that a daughter married before the commencement of Hindu Succession. (Tamil Nadu Amendment) Act, 1989 is not entitled to the benefit...

...the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; (v) nothing in clause (ii) shall apply to a partition which had been effected...before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989." 13.... section 29-A of the Hindu Succession Act was inserted by the Tamil nadu act 1 of 1990 with effect from 25.3.1989. It grants equa...

...that the suit property is still under joint patta standing in the name of the defendants 1 to 3 and one vasanth. It is the case of the plaintiff that subsequent to the Tamil Nadu amendment of the ...joint family property are also treated as coparceners. Accordinng to the plaintiff, since she got married only on 11.03.1992, the Hindu Succession (Tamil Nadu Amendment) Act...interest in the suit schedule property. According to him, on the date of passing of the Hindu Succession (Tamil Nadu Amendment) Act 19789, the suit property was not...

...under Section 8 and Section 15 respectively of the Hindu Succession Act. Challenging the said Judgment and Decree, the appellant is before this Court. 5/9 ...seeks a share in the property on the ground that on her birth and in the light of the Hindu Succession (Tamil Nadu Amendment) Act, she would become a 6/9...whereas the plaintiff was born in the year 1986. Therefore, the plaintiff is a co-parcener by virtue of the Hindu Succession (Tamil Nadu Amendment) Act, 1989. 12.The...

..., i.e, prior to passing of Hindu Succession Act (Tamil Nadu) Amendment Act, 1989, Plaintiff is not entitled to any share in the ancestral properties...Appellant can claim share only from out of half share of Purushotham Chettiar. Learned counsel contended that even though Hindu Succession (Tamil Nadu) Amendment Act 1 of 1990...1981–1982, there is no question of applicability of Hindu Succession (Tamil Nadu) Amendment Act 1 of 1990. It was further submitted that even under Tamil Nadu Act, under...

...married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989; and(v) nothing in clause (ii) shall apply to a...partition which had been effected before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989.”20. Perusal of the...provisions contained in the Hindu Succession Act, 1956, unmarried daughter is only entitled for right to residence but not for any exclusive share.(2...

..., being Daughters, they have acquired right in the suit property on 25.03.1989 by virtue of the Hindu Succession Tamil Nadu Amendment (Act), 1989 (for short “T.N Act 1 of 1990”).6. The...Hindu Succession (Tamil Nadu Amendment) Act, 1989”.13. As per Hindu Succession Amendment Act 39 o...have not taken any steps either immediately after the Hindu Succession Tamil Nadu (amendment) Act came into force or in the final decree stage. Nearly two decades after the...

...allowed. D1 & D.2 are the absolute owners of the entire suit property. The plaintiff's marriage took place after 25th March-1989, the date of which the Hindu Succession (Tamil Nadu Amendment...separate possession of her 1/3rd share in the plaint schedule property, on the ground that as per Hindu Succession (Tamil Nadu Amended) Act, 1989, which came into force on...itself took place on 18.7.1974 on which date she had no right whatsoever in this property. The sole basis of the plaintiff's claim is Hindu Succession (Tamil Nadu Amendment) Act...

...benefit of the Hindu Succession Act, 1956 as amended by Tamil Nadu Act 1 of 1990 since the factum of marriage of the appellant after the enforcement of the said Act was not...Hindu Succession (Tamil Nadu Amendment) Act, 1989 (Tamil Nadu Act 1 of 1990), the plaintiff is entitled to a share in the suit properties. Accordingly, it is argued that...entitled to claim partition in the suit properties by virtue of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (Tamil Nadu Act 1 of 1990). That apart, it has also...

....Claiming that the suit properties are the ancestral properties and the plaintiff being the daughter of the defendant and by invoking the Hindu Succession (Tamil Nadu Amendment) Act, 1/1990, the...defendant R.Kuppanna Gounder viz., Saraswathi had been arrayed as R2 and R3 in the second appeal. Taking into consideration the Hindu Succession (Tamil Nadu Amendment) Act, 1/1990, the parties went for...Sharma and others) irrespective of the date of marriage of the daughters as contemplated under Hindu Succession (Tamil Nadu Amendment) Act 1/1990, it is seen that the daughter born 6/10 / before...

...a coparcener along with her father and brother, the respondents 1 & 2, because Section 29-A was inserted by the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (1 of 1990) with effect from.../ of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 (1 of 1990) which came into effect from 25.3.89 has treated the daughters also as coparceners along with sons, therefore, once the appellant is...effect. Shri Jothi also argued that the State Legislature in their wisdom thought it fit to treat the daughters as coparceners along with sons by introducing Section 29-A in the Hindu Succession (Tamil Nadu Amendme...

...which was allowed by this Court by a judgment dated 03.08.2009. This Court examined the scope of Section 29 A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 and held that the daughters who...Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.f. 15.03.1989 by which the daughter of a coparcener shall by birth became a coparcener in her own right in the same manner as a son and.... According to the Plaintiff he was entitled to a share of 6/20, the Second and Fourth defendants 6/20 share each and First and Third defendants 1/20 share each of the suit property. Section 29 A of the Hindu...

...property and the registration copy is also marked as Ex.A4[k] Insofar as the plea aken by the defendants that by virtue of the Hindu Succession Central Amendment Act, 2005, the plaintiff is...the time of the institution of the suit, the Hindu Succession Central Amendment Act, 2005, is in force and therefore, the Courts below had committed grave error in applying the provisions...1994 and the father of the plaintiff died on 01.06.1996 and at the relevant point of time, the Hindu Succession Tamil Nadu Amendment Act 1/1990 was prevailing and the plaintiff...

...introduced by the Tamil Nadu Act 1 of 1990 or the Amendment introduced by the Central Act, namely Hindu Succession (Amendment...the Law of Succession. In this regard an Amendment was introduced to the Rule of Succession regarding the properties belonging to Hindu Mitakshara Coparcenery in Tamil Nadu by introducing a new...as follows:“(iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment) Act...

...instituted by keeping the statutory scheme set out in the Hindu Succession (Tamil Nadu Amendment) Act, 1989 in mind. The courts below have also granted preliminary decree on that basis. Challenging the...: 129..... `(i)The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same...Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual / partition or disruption of coparcenary. The fiction was only for the purpose of ascertaining share of...

...the suit property in her capacity as coparcener in view of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, which came into effect only on 25.03.1989; the 1stdefendant also denied the...that the 1stappellant is not a coparcener for the suit properties since she got married before 25.03.1989; as per the Hindu Succession (Tamil Nadu Amendment) Act, 1989, the daughters also...Hindu Succession (Tamil Nadu Amendment) Act, is held as follows: "6. Devolution of interest in coparcenary property. 6.Devolution...

...court is right in not considering the existence of the Hindu Succession (Tamil Nadu Amendment) Act 1990 which will prevail 3/10...-eligibility due to her marriage as per Section 29A of the Hindu Succession (Tamil Nadu Amendment) Act 1990?". 3.Whether both the courts below are correct in...married prior to the Hindu Succession (Tamil Nadu Amendment) Act, 1989 and that there was a partition between the father and sons in the year 1997 as evidenced by Ex.B14 dated...