Partition suit by sister - Brother though pleading that partition already took place but, neither sisters were made party to said partition deed - said partition deed cannot be considered as document evidencing partition - Coparcenary remained intact, sisters entitled to equal share in suit property.

Citation 

AIROnline 2022 Kar 2524

Karnataka High Court

S. VISHWAJITH SHETTY , J.

RSA - 236 of 2012 D/- 8 - 4 - 2022

Maramma, Since deceased by her LRs and Ors. v. Mallegowda

(A)Hindu Succession Act (30 of 1956), S.6 (amended By Act 39 Of 2005)) - Partition suit - Right of female Hindu in coparcenary property - To enable daughter as coparcener to claim share in coparcenary property, coparcenary must exist on 9.9.2005 - Brother though pleading that

partition already took place but, neither sisters were made party to said partition deed nor said deed was resisted - Thus, said partition deed cannot be considered as document evidencing partition - Coparcenary remained intact, sisters entitled to equal share in suit property.

 (Paras 15 , 17 , 18 , 22)