9911796707
TMI Blog1991 (1) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... third share in it. The suit was contested by the father and the brother, but the Subordinate Judge accepted the Appellant's claim and passed a preliminary decree by his order dated December 26, 1973 declaring that the Appellant as well as his father and brother each were entitled to one-third share in the property. 4. The Defendants preferred appeal before the High Court against the preliminary decree. The High Court by its judgment dated October 15, 1984 confirmed the findings of the trial court with the direction that an appropriate provision should be made for the maintenance and marriage expenses of Respondents 2 to 5 who were unmarried sisters of the Appellant. The High Court directed that the expenses incurred for the mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminary decree had already been passed prior to the amended provision, the High Court committed an error in directing the trial court to allot shares to the unmarried daughters. Admittedly, under the unamended Act, women and unmarried daughters of a Hindu Mitakshara family were not entitled to any share in the joint family property. The State of Andhra Pradesh removed the injustice to the daughters so far as that State was covered by introducing the concerned amendment in the Act. The newly introducing Section 29-A reads as under. 29-A. Equal rights to daughter in coparcenary property. - Notwithstanding anything contained in Section 6 of this Act- (i) in a Joint Hindu Family governed by Mitakshara law, the daughter of a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986. 9. It is obvious that under the aforesaid provision, the difference between daughter and son of the Mitakshara Hindu family is removed and the daughter is conferred the coparcenary rights in the joint family property by birth in the same manner and to the same extent as the son. She is, therefore, now entitled to claim partition and her share in the family property. The amending provision is a beneficial legislation which, among other things, is also directed towards eradicating social evils such as dowry and dowry deaths. It also achieves the constitutional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes of the amended provision. A partition of the joint Hindu family can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the court. When a suit for partition is filed in a court, a preliminary decree is passed determining shares of the members of the family. The final decree follows, thereafter, allotting specific properties and directing the partition of the immovable properties by metes and bounds. Unless and until the final decree is passed and the allottees of the shares are put in possession of the respective property, the partition is not complete. The preliminary decree which determines shares does not bring about the final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view is likely to deprive a vast section of the fair sex of the benefits conferred by the amendment. Spurious family settlements, instruments of partitions not to speak of oral partitions will spring up and nullify the beneficial effect of the legislation depriving a vast section of women of its benefits. 12. Hence, in our opinion, the High Court has rightly held that since the final decree had not been passed and the property had not been divided by metes and bounds, Clause (iv) to Section 29-A was not attracted in the present case and the Respondent-daughters were entitled to their share in the family property. 13. The appeal fails and is accordingly dismissed. There will, however, be no order as to costs. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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