Daughters cannot be denied share in coparcenary property on ground that cash and jewellery are given to them

Lokamani and Ors vs Mahadevamma and Ors

Karnataka HC

07/09/2015

Regular First Appeal No. 58 of 2014; AIR2016Kant4; 2015(4)KCCR3091

About/from the judgment:

Whether daughters can be denied share in coparcenary property on ground that cash and jewellery are given to them?

 

Learned Counsel for the appellants argued that Sannamadaiah purchased a site in the name of the third plaintiff and gave gold and silver jewellery as well as cash to the first and second plaintiffs and therefore plaintiffs cannot claim any share in the suit properties. Admittedly, the defendants have not stepped into the witness-box to substantiate their contention, nor is there any plea in the written statement to that effect. Even assuming that Sannamadaiah had purchased a site in the name of third plaintiff and given jewellery and cash to other plaintiffs, the same cannot take away their legal right as daughters to claim a share in the co-parcenary properties by virtue of Section 6 read with Section 8 of Hindu Succession Act. Point No. 4 is therefore answered in the negative.

Read the Judgment

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