VIJAYAWADA: In its recent ruling, the Andhra Pradesh High Court has elaborated on the scope of the Hindu Succession (Amendment) Act, 2005, affirming that daughters acquire equal rights in their father’s property by birth, and that the father’s survival at the time of the amendment is not a prerequisite. The only condition is that the daughter must be alive on September 9, 2005, when the amendment came into force.
The judgment arose from a long-running property dispute dating back to 1988, involving Veeramma of Kurnool district. Her father, Mareppa, had inherited ancestral property, and after his death, the estate was claimed by his son Busappa’s heirs. Veeramma filed a partition suit in 1988 seeking her share. Initially, the trial court denied her any portion, granting shares only to her mother, Nagamma and brother Basappa.
On appeal, the High Court in 2003 revised the preliminary decree, recognising Veeramma’s entitlement to a 1/6th share. However, with the 2005 amendment granting daughters equal coparcenary rights, Veeramma sought parity with her brother.
The High Court bench of Justice Ravinath Tilhari and Justice Medamalli Balaji held that when a preliminary decree is issued, and the final decree is pending, courts can take into account subsequent legal or factual changes.
If a coparcener dies, their share devolves upon heirs; if a new heir is born, shares must be adjusted. Courts may issue a fresh preliminary decree to reflect these changes.
Applying this principle, the bench modified its earlier order, granting Veeramma a half share in her father’s property, equal to that of her brother. The court directed the lower court to expedite the final decree based on the revised allocation.