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by Admin
07 May 2024 2:49 AM
In a judgment that reinforces the equal rights of daughters in Hindu families, the Karnataka High Court, presided over by Hon’ble Mr. Justice Sachin Shankar Magadum, has upheld the rights of daughters as coparceners, irrespective of their father’s demise date. The court dismissed the Regular Second Appeal No. 2586 of 2010, thereby affirming the concurrent decrees of the lower courts in a partition suit.
Justice Magadum, in his judgment dated November 2, 2023, explicitly stated, “daughters are entitled to equal rights as sons irrespective of the date of the father’s demise,” aligning with the principles laid down in the landmark judgment of Vineeta Sharma vs. Rakesh Sharma (2020). This ruling comes as a significant stride towards gender equality in property rights under the Hindu Succession Act.
The appeal was against the modification of the preliminary decree in a partition suit, where the courts had recognized the rights of daughters as coparceners under the amended Section 6 of the Hindu Succession Act, 1956. The appellants contested this modification, arguing that the rights of the daughters had concluded in the preliminary decree and could not be modified in the final decree proceedings.
However, the High Court observed that “the preliminary decree in partition suits can be altered or amended in final decree proceedings in the event of a change in law.” The court emphasized the retrospective nature of the 2005 Amendment to the Hindu Succession Act, clarifying that “the right of a coparcener is by birth and it is not necessary that father coparcenary should be living as on 09.09.2005.”
This judgment has significant implications for pending final decree proceedings, where it has been clarified that the amended Section 6 of the Hindu Succession Act, 1956, is applicable, overriding the Hindu Succession (Karnataka Amendment) Act, 1990.
Date of Decision: 2 November 2023
SMT. SUSHEELAMMA (Since Dead by LRs) and others VS SEETHARAMAIAH (Since Dead by LR) and Others
