Partition suit by sister - Father executed settlement deed in favour of son 1/2 share in whole property excluding daughter - father did not have right to execute settlement deed for half share in suit property - Daughter Married in 1977 is no significant - daughter entitled to partition.

(2022) 3 MLJ 259.

LNIND 2022 MAD 472

2022(2) CTC 593

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Present:Hon'ble Mr. Justice N. Anand Venkatesh

 S.A. No. 472 of 2012 and M.P. No. 1 of 20129th February, 2022

Annakodi Versus A. Natarajan and Others

Succession Laws Joint family property Share of daughter - Hindu Succession Act, 1956, Section 6 Hindu Succession (Amendment) Act, 2005 Appellant/Plaintiff filed suit against her brother and sister for partition claiming one third share in suit property- Lower Courts dismissed suit, hence this appeal Whether lower Courts were right in denying share in property to Plaintiff by virtue of right derived from Act 2005 which enabled daughter to become coparcener in her own right in same manner as son Held. immediately on coming into force of Act 2005, Appellant who was daughter become coparcener in her own right in same manner as son/1st Defendant - Act 2005 did not discriminate between married and unmarried daughter and therefore, marriage of Appellant earlier, pales into insignificance - No material to show that there was notional partition and proviso to Section 6(1) of Act would apply only where there was disposition or alienation including any partition or testamentary disposition of property which should have taken place before cut-off date- Disposition of property had taken place only laterMLJ-21-04-2022Postal Page No. 47ofctmdintlenode