Married daughters and succession shares: pre-amendment coparcenary claims fail, but inheritance rights under Hindu succession remain protected.

Married daughters who had married before the commencement of the Tamil Nadu coparcenary amendment could not claim partition as coparceners under that amendment. Their entitlement in the family property had to be worked out instead through succession under the Hindu Succession Act, 1956. On that basis, the father's share devolved equally on the widow, two daughters and son, and the widow's share later devolved equally on the three children, resulting in 1/6 share each for the daughters and 2/3 for the son. Completed sales in favour of third parties were left undisturbed.

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Issues: (i) whether daughters married before the commencement of the Tamil Nadu amendment were entitled to claim partition and separate possession in ancestral coparcenary property; (ii) what shares devolved on the parties in the property left by the father and mother, and whether the sales already made by the brother could be disturbed.

Issue (i): whether daughters married before the commencement of the Tamil Nadu amendment were entitled to claim partition and separate possession in ancestral coparcenary property.

Analysis: The amended provision granting daughters coparcenary status applied only where the daughter and the coparcener were alive to claim the benefit, and it excluded daughters married before the commencement of the amendment. Since both daughters had been married prior to the commencement of the 1989 amendment, they did not become coparceners under the State amendment and could not assert a right to partition on that basis.

Conclusion: The claim for partition as coparceners was not maintainable, and this issue was decided against the appellants.

Issue (ii): what shares devolved on the parties in the property left by the father and mother, and whether the sales already made by the brother could be disturbed.

Analysis: After treating the father's share as separate property on partition, succession opened under the Hindu Succession Act, 1956. The father's share devolved equally on the widow, two daughters, and son. On the widow's death, her share further devolved equally on the three children. Applying these rules, the daughters obtained 1/6 share each and the son obtained 2/3 share. The sales already made in favour of third parties were not to be disturbed, and the appellants were held entitled only to their legitimate monetary or equivalent adjustment for the value of the sold share.

Conclusion: The share of the parties was determined by succession, the daughters were held entitled to 1/6 share each, and the completed alienations were not set aside.

Final Conclusion: The appeal was allowed only in part by denying partition as coparceners, while recognising the appellants' entitlement to their succession-based shares and corresponding relief against the alienated property.

Ratio Decidendi: Married daughters who were not within the class protected by the applicable coparcenary amendment could not claim partition as coparceners, but their rights in the property of the deceased had to be worked out through the succession provisions of the Hindu Succession Act, 1956.

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