August 2008
Hindu Law : Daughters are entitled to a share in ancestral properties as a co-parcener : Hindu Succession Act, 1950, S. 6.
By Dr. K. Shivaram, Ajay R. Singh, Advocates
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24 Hindu Law : Daughters are entitled to a share in ancestral
properties as a co-parcener : Hindu Succession Act, 1950, S. 6.
One Shri Jagatram was the common ancestor of the parties. He
was owner in possession of the property. After his death, one Shri Byasadev
succeeded to the suit properties. Shri Byasadev died, leaving behind his widow
defendant No. 1 and two daughters i.e., plaintiff and defendant No. 2 as
his legal heirs, the other defendants are coparceners. While the father of the
plaintiff was alive, she out of her own income constructed the house on the suit
property with consent of her parents.
After the death of Byasadev, the plaintiff demanded for
partition of the suit house claiming exclusive share.
The High Court observed that after the amendment made in S. 6
of the Hindu Succession Act in the year 2005, the daughters are entitled to a
share in the ancestral properties as coparceners. The parties belong to Hindu
Mitakshara family and plaintiff and defendant No. 2 are daughters. Defendant No.
1 is the widow and other defendants are the successors of common ancestor
Jagatram. Since they are coparceners, each of them is entitled to a share. All
the parties in the suit are entitled to a share and that there was no previous
partition.
[ Santilata Sahu v. Sabitri Sahu & Ors., AIR 2008
Orissa 86]
