Ancestral property - Father and mother died before 1995 - daughters married before 1989 hence they are not entitled to benefit of TN Amendment - son sold some of properties in 1999 - Sale Deeds are saved by the Proviso under section 6(1) - Sale Deed executed by son in 2007 not saved by Proviso under section 6(1) - Since Right of coparcenary by birth,it is not necessary that, father Coparcener should alive as on 2005.

Citation 

2024-3-L.W. 714

2024(4) CTC 703

2024(3) MWN(civil) 49

2024 MHC 2497

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment reserved on : 03/06/2024

Judgment delivered on: 02 / 07 / 2024 A.S.Nos.299 and 688 of 2018 and CMP SR.No.23810 of 2021 in A.S.No.299 of 2018 CMP No.7407 of 2018 in A.S.No.299 of 2018 CMP Nos. 19063 & 19065 of 2018 in A.S.No.688 of 2018

R.Subramanian, J., and R.Sakthivel, J.

A.S.No.299 of 2018

Mr.Mohan & others.         ... Appellants

Versus

Mrs.Susila Tharani & others ... Respondents

Hindu succession (amendment) act (2005), Section 6(1), proviso, survivorship, daughter's share

Hindu succession act (1956), Sections 8, 15, male hindu, succession, female hindu succession, rights of sons, daughters, scope of

Hindu law/Ancestral, coparcenary   property, daughter's share 

plaintiff's father passed away in 1974 and his mother in 1995 are (daughters) and D1 (son) - plaintiffs - First plaintiff was married off in or about 1953, second plaintiff was married off in or about 1963 - plaintiffs not entitled to benefit of the H.S. T.N. Amendment Act.       ...paras 25, 26

plaintiffs being coparceners are entitled equal share in the ancestral properties along with D1 subject to the provisions contained under section 6 as amended by 2005 H.S. Amendment Act.      ...para 29

On December 15, 1999, and on October 12, 2000, D2 purchased Item Nos.5 to 7 - Sale deeds are saved by the proviso under section 6(1).                             ...para 30

Suit properties are ancestral properties GPA is executed on June 6, 2005 i.e., before the commencement of the 2005 H.S. Amendment Act

Ex.A9 is not power deed coupled with interest It is only a General power of attorney - Merely granting General power of attorney does not amount to transfer Sale Deed was executed on July 31, 2007 It is not saved by the proviso under Section 6(1) of the H.S. Act as amended by the 2005 Since the right in coparcenery is by birth, it is not necessary that father co-parcener should be alive as on September 9, 2005.               ...paras 32, 34