2017 AIR CC 3211 (HYD)

Hyderabad High Court

Hon'ble Judge(s): M. Satyanarayana Murthy , J

(A) Hindu Succession Act (30 of 1956) , S.6(AmendedbyAct39of2005)— Hindu Succession (Andhra Pradesh) Amendment Act (13 of 1986) , S.29-A— Right of daughter to claim partition - Applicability of statute - Property devolved on Karta, ancestral in nature and not co parcenary property - On date of devolution of property on Karta, plaintiff, daughter not co parcener - By virtue of S. 29-A of Act of 1986, plaintiff becoming entitled to claim partition, subject to satisfying conditions laid down in statute - Marriage of plaintiff however, performed long prior to commencement of Act of 1986 - Law that govern succession among Hindus in State of A. P. alone applicable to plaintiff - No benefits under subsequent Central amendment to Act of 1956 available to plaintiff - Plaintiff not entitled to claim partition in view of amendment to S. 6 by Central Act, 39 of 2005. (Para 3) (B) Hindu Succession Act (30 of 1956) , S.6, S.8(AmendedbyAct39of2005)— Right of daughter to claim partition - Property devolved on Karta ancestral in nature and not co parcenary property - Property devolved upon Karta by virtue of S. 8 of Act of 1956 - Suit A schedule property thus having nature of separate property of Karta as death of father of Karta taking place after commencement of Act of 1956 - Karta acquiring property aft....