AVULA JAYARAMI REDDY Vs. YERRABOTHULA NAGARATHNAMMA

JUDGEMENT

(1.) This second appeal is filed against the decree and judgment dated 14.10.2003 passed by the II Additional District Judge, Kadapa at Proddatur in A.S.No.22 of 2002 reversing the decree and judgment dated 01.05.1999 passed by the Junior Civil Judge, Jammalamadugu in O.S.No.267 of 1997.

(2.) I have heard Sri C. Sadasiva Reddy, the Learned Counsel appearing for the appellant/defendant. Though served with notice, none appeared for the respondent.

(3.) The respondent is the natural daughter of the appellant-Avula Jayarami Reddy. The parents of the respondent gave her in adoption to A.Lakshmi Reddy and his wife on 14.02.1985. Both the Courts below on facts and evidence held that the adoption is valid. The Hindu Succession (A.P. Amendment) Act, 1986, Act 13 of 1986 came into force in the State of A.P. w.e.f 05.09.1985. As per the said Act, a daughter is considered to be coparcener and she can claim share in the joint family property by virtue of Section 29A of Hindu Succession Act, 1956 provided she was married prior to 06.06.1996 and the joint family properties were not partitioned on the said date. In the instant case, the learned trial Court took the view that as per the evidence on record, the adoption of the respondent/PW.1 was on 14.02.1985 i.e. prior to the commencement of Hindu Succession (Amendment) Act, 1986 which came into force w.e.f. 05.09.1985 and held that a woman is not a coparcener on the date when PW1 was given in adoption and therefore, she cannot claim any right in the ancestral properties of her natural father with the other coparceners. The learned trial Court further held that from the date of adoption for all purposes she will be the daughter in the adoptive family and as she was not a coparcener in the natural family on the date of adoption, she is not entitled for partition in the properties of her natural family. Taking the said view, the learned trial court dismissed the suit.