PUSHPAVALLI Vs. SUBBAY GOWDER

JUDGEMENT

(1.) The plaintiff is the appellant in the Second Appeal.

(2.) The case of the plaintiff is that her father who was the first defendant in the suit and his brother had partitioned among themselves the ancestral properties through a Partition Deed dtd. 1/7/1976. The further case of the plaintiff is that the property that was allotted to her father will continue to retain the status of a joint family property and by virtue of the coming into force of the Hindu Succession (Amendment) Act 2005, as a daughter, she will be entitled for half share in the suit property. When the plaintiff sought for her share and the first defendant was attempting to alienate the property in favour of third parties, the present suit came to be filed for the relief of partition and for allotment of half share in the suit property.

(3.) Both the Courts below proceeded on the basis that the property in question had the character of a joint family property and that by virtue of the earlier Settlement Deed dtd. 9/6/1962 executed by the father of the first defendant in favour of the first defendant 's wife as a life estate and in favour of the plaintiff as the vested remainder, the plaintiff is estopped from claiming any share in the suit property. Aggrieved by the same, the present Second Appeal has been filed before this Court.