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TMI Blog2018 (5) TMI 1368X X X X Extracts X X X X X X X X Extracts X X X X ..... i (died on 22.07.1989) whereas Respondent No. 1 is the brother of the appellants herein. Late T.G. Basuvan left three properties consisting of agriculture land (Item Nos. 1 & 2) and dwelling house (Item No. 3) (b) Later on, due to the irresponsible behaviour of Respondent No. 1, suit properties at Item Nos. 1 and 2 were leased out to Respondent Nos. 2 to 4 herein during the lifetime of the mother of the appellants herein. (c) During the lease period, the mother of the appellants died. On the expiry of said lease deed, the appellants herein through legal notice approached the Respondent Nos. 2 to 4 to deliver the vacant possession of Item Nos.1 and 2. In reply, it has been stated that the lands were sold to them by Defendant No. 1. (d) Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on record. Point(s) for consideration:- 4) The short question that arises before this Court is whether in the light of present peculiar facts and circumstances of the case, any intervention of this Court is required with the impugned decision of the High Court? Rival contentions:- 5) At the outset, learned counsel for the appellants submitted that the High Court failed to appreciate that no limitation has been prescribed for filing a suit for partition by one or more co-sharers, hence, a suit for partition cannot be dismissed as being barred by time. Further, it was submitted that dismissal of a suit for partition by holding that the appellants herein have not filed the suit within 12 years from the date of dispossession cannot be su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot ancestral property. In ancestral property, the right of property accrues to the coparcener on birth. The concept of ancestral property is in existence since time immemorial. In the State of Tamil Nadu, in order to give equal position to the females in ancestral property, in the year 1989, the State Government enacted the Hindu Succession (Tamil Nadu Amendment) Act, 1989 effective from March 25, 1989 which brought an amendment in the Hindu Succession Act, 1956 (for brevity "the Act") by adding Section 29-A vide Chapter II-A under the heading of Succession by Survivorship. It is apt to reproduce the said provision herein below. 29-A. Equal rights to daughter in coparcenary property- Notwithstanding anything contained in Section 6 of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stamentary disposition: (iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession (Tamil Nadu Amendment ) Act , 1989: (v) nothing in clause (ii) shall apply to a partition which had been effected before the date of commencement of the Hindu Succession ( Tamil Nadu Amendment) Act, 1989. 8) At this juncture, it is to be examined as to whether the appellants were entitled to claim partition in ancestral property in view of the amendment? If the answer to this question is affirmative then only further determination of dispute would arise. Prior to the amendment, it was only the male who would have been coparcener and entitled to claim the partition and share from the joint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision at the time of commencement of the Amendment of 1989. The similar issue came up for the consideration before this Court in Prakash & Ors. vs. Phulavati & Ors., (2016) 2 SCC 36, this Court while dealing with the identical matter held at Para 23 as under:- 23. Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born......" (emphasis supplied by us) It is pertinent to note here that recently, this Court in Danamma @ Suman Surpur & Anr. Vs. Amar & Ors, 2018 (1) Scale 657 dealt, inter-alia, with the dispute of daughter's right in the ancestral property. In the above case, father of the daughter died in 2001 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u also got ½ share. Now the property left in the hand of Late T.G.Basuvan would be his separate property. On his death, such separate property would devolve through succession by applying the rules of Sections 8, 9 & 10 of the Hindu Succession Act, 1956 in the following manner: Widow i.e. mother of the appellants would get ¼ of the half share which stands at 1/8. Daughter Mangammal-Appellant No. 1 would get ¼ of the half share which stands at 1/8. Daughter Indira-Appellant No. 2 would get the ¼ of the half share which stands at 1/8. Son T.B.Raju-Respondent No. 1 would get the ¼ of the half share which stands at 1/8. This 1/8 share would be in addition of ½ share which he got in partition. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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