G. Varalakshmi and Another vs G. Srinivsa Rao (D) Thru Lrs. and Another [SUPREME COURT OF INDIA, 04 Aug 2009]
Family & Personal - Hindu Succession Act, 1956, ss. 6, 8 - Andhra Pradesh Hindu Succession (Amendment) Act, 1987, s. 6 - Suit for partition - Plaintiff claimed partition on the basis of right accrued in a Will as sharer in the joint family property - Defendant admitted the relationship between plaintiff and testator of the Will - Trial Court passed decree for the partition of item No. 7 of the suit property and dismissed the remaining suit on the ground of non-joinder of parties - Appeal filed by plaintiff before HC for all other suit properties except item No. 7 - HC dismissed the appeal - Legality - Plaintiff/appellant contended that defendant/respondents were the grand-daughters of testator and being the female members, could not inherit the properties of testator under the School of Mitakshara Law - Held, testator got the property through a Will, therefore, the said property was his individual properties, not Mitakshara coparcenery property - Further, State amendment of s. 6 of the Act having the effect of daughters also by reason of a legal fiction became coparceners - Therefore, defendant/respondents could be entitled to equal share of the property of predecessor-in-interest in terms of s. 8 of the Act - Present appeal was confined only to the suit property items Nos. 5 and 7, hence parties were entitled to equal share in those items - Appeal disposed of.
