AIR 2011 KARNATAKA 78 ::2011 AIR CC 1194 (KAR) ::2011 (2) AIR Kant HCR 121 ::2011 (2) AIR Kar R 121 ::(2011) 2 HinduLR 561 ::(2011) 2 KCCR 1248

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar, N. Ananda , JJ

Hindu Succession Act (30 of 1956) , S.6— Right of female members to co-parcenary property - Female member is, by a fiction of law created in terms of amended provision also becomes a co-parcener and has a right in joint family property by birth - They are also sharer members of co-parcenary property at par with all male members - No partition effected prior to 20-12-2004 in terms of S. 6(5) - Exception available u/S. 6(5) cannot be called in aid - Liability in terms of S. 6 as amended operates - So far as all joint family properties are concerned, plaintiff is entitled to equal share. (Para 62 63 64)