The Karnataka High Court ruled that daughters born before a partition that took place before December 20, 2004, cannot claim an equal share in the property allotted to her father. She also cannot challenge any alienation made by her father after the 2005 amendment to the Hindu Succession Act.
Court Dismisses Appeal for Property Rights
Justice Anant Ramanathe Hegde dismissed the appeal filed by Prafulla M Bhat and others. The plaintiffs had challenged the trial court’s decision, which rejected their claim for partition of the ancestral property held by their late father, Mahadev. They also sought to invalidate a gift deed Mahadev executed in favor of his second wife.
Partition Before 2004 is Legally Protected
The court highlighted that Section 6(1) and 6(5) of the Hindu Succession Act safeguard partitions completed before December 20, 2004. These provisions ensure that daughters who were alive at the time of such partitions cannot claim an equal share in the property allotted to their father.
Case Background
Mahadev’s first wife passed away in 1992. His second wife, Saraswati Shastri, claimed marriage in 1999, while the daughters disputed it, alleging she was a domestic help. A registered partition took place on January 10, 1994, between Mahadev and his two sons. Mahadev was allotted specific properties. The daughters argued that the partition was invalid because they were not given a share. They also claimed that the gift deed executed by Mahadev in favor of his second wife was fraudulent.
Court Findings and Ruling
The Hindu Succession Act (Amendment 2005) grants daughters equal coparcenary rights.
However, Section 6(5) prevents its application to partitions finalized before December 20, 2004.
The daughters born before the partition cannot claim rights in the father’s share or challenge property alienation.
The court upheld the gift deed, noting Mahadev’s intent to provide for his second wife.
Legal Interpretation
The court emphasized the need to harmonize Section 6(1)(b) and Section 6(5) of the Act. It noted that Section 6(5) appears to override Section 6(1) in specific cases, making it inapplicable to pre-2004 partitions.
