TaxTMI 
TaxTMI 
2018 (5) TMI 1368
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.... 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) Being aggrieved, the appellants instituted a suit being O.S. No. 202 of 2003 praying, inter-alia, for the partition and separate possession of the suit properties which consisted of three items, namely, agriculture land (Item Nos. 1 and 2) and building site with constructed building (Item No. 3) and arrayed the brother as Defendant No. 1 and lessees/subsequent buyers as Defendant Nos. 2 to 4. The appellants herein were the plaintiffs in the original suit. (e) The trial Court, after hearing the suit at length, dismissed the same, vide judgment dated 28.09.2004 while holding, inter alia, that the plaint is the creature of the Defendant No. 1 and the plaintiffs, who being the puppets in the hands of Defendant No. 1, are not entitled to any partition. (f) Being dissatisfied, the appellants took the matter before the District Judge, Udhagaman....
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.... fide purchasers of the suit property, hence, this appeal deserves to be dismissed being devoid of merits. Discussion:- 7) Before proceeding further, it is apt to have an understanding of the concept of ancestral property in a nutshell. Any property inherited upto four generations of male lineage from the father, father's father or father's father's father i.e. father, grand father etc., is termed as ancestral property. In other words, property inherited from mother, grandmother, uncle and even brother is not 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 co....
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....and, daughter did not have any right to partition and to claim share in the ancestral property since she was not a coparcener. At the most, at the time of partition, she could only ask for reasonable maintenance and marriage expenses. 9) To cut a long story short, it is undisputed fact that Late T.G. Basuvan, father of the appellants, had only ancestral properties and he did not left behind any self acquired properties. On a plain reading of the newly added provision i.e., Section 29-A of the Act, it is evident that, inter-alia, daughter of a coparcener ought not to have been married at the time of commencement of the amendment of 1989. In other words, only un-married daughter of a coparcener is entitled to claim partition in the Hindu Joint Family Property. In the instant case, it is admitted position that both the appellants, namely, Mangammal, got married in the year 1981 and Indira, got married in or about 1984 i.e., prior to the commencement of the 1989 amendment. Therefore, in view of clause (iv) of the Section 29-A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989, appellants could not institute the suit for partition and separate possession at first instance as th....
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.....G. Basuvan got divided between him and his son T.B.Raju-Respondent No. 1. In such partition, Late T.G. Basuvan got ½ share and T.B.Raju 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. 13) On the death of the widow i.e., mother of the appellants, her 1/8 share which she got in succession, would devolve through succession by applying the rules of Sections 15 & 16 of the Hindu Succession Act, 1956 in the following manner: Daughter Mangammal-Appellant No....