AIR 2010 KARNATAKA 124 ::2010 (3) AIR Kant HCR 225 ::2010 (3) AIR Kar R 225 ::(2010) ILR (Kant) 1484 ::2010 (2) KCCR 1249 ::2010 (3) KantLJ 549

Karnataka High Court

Hon'ble Judge(s): N. Kumar, A. N. Venugopala Gowda , JJ

(A) Hindu Law - Mitakshara Law - Hindu Undivided Family (HUF) - Existence of joint estate is not an essential requisite to constitute joint family - Family which does not own any property, may nevertheless be joint - Hindu Family is presumed to be joint unless the contrary is proved - A daughter ceases to be a member of her father's family, on marriage and becomes member of her husband's family. (Para 22) (B) Hindu Succession Act (30 of 1956) , S.6— (as amended by Act 39 of 2005) - Constitution of India , Art.14, Art.15— Devolution of interest in coparcenary property to daughter - Joint Hindu Family governed by Mitakshara Law - Amended section conferring on daughter equality in status vis-a-vis son and equal rights in coparcenary property - Removes gender discrimination between son and daughter - Brings law in conformity with Art.14 and Art.15 of Constitution which are fundamental rights. (Para 48 49) (C) Hindu Succession Act (30 of 1956) , S.6— (as amended by Act 39 of 2005) - Daughter conferred right as coparcener - Section confers right on daughter by birth but date of birth should be after Act came into force i.e. 17-06-1956 - Provision is r....