Whether the benefits of the Hindu Succession Act are available to the appellants therein. The facts of the cited case are as follows: The appellants and the respondents are siblings being daughters and sons of one Ch. Venkata Swamy. The 1st respondent filed a suit for partition impleading his father (D1), his brother (D2) and his two sisters (the appellants-D3 and D4). The A, C, and D schedule properties are coparcenary property. The plaintiff claimed 1/3rd share for him and the defendants 1 and 2 (his father and brother). The preliminary decree granted in March 1999 declared that the plaintiff has got 1/3rd share in the said properties. Before passing the final decree, by 2005 Amendment Act, Section 6 of the Hindu Succession Act, 1956 was substituted. The appellants (D3 and D4) made an application for passing preliminary decree in their favour for partition of A, C and D coparcenary properties into four equal shares and allotment of one such share each to them as the 1st defendant died during the pendency of the suit. The said application was contested by the plaintiff. The trial Court by its order dated 15.06.2009 allowed the application of the appellants (D3 and D4) and had held that they were entitled for re-allotment of shares in the preliminary decree, i.e., they are entitled to 1/4th share each and separate possession in A, C and D schedule properties. The said order was challenged before this Court in an appeal. A learned single Judge of this court allowed the appeal and had set aside the order of the trial court. The appellants (D3 and D4) preferred an appeal by Special Leave before the Honble Supreme Court. While answering the question as to whether the preliminary decree passed by the trial court deprived the appellants/daughters of the benefits of 2005 Amendment Act although final decree for partition has not yet been passed, the Honble Supreme Court had held in favour of the daughters and had set aside the orders of this Court and had restored the order of the trial court. In the result, the appeal is allowed in part and the preliminary decree passed by the trial Court insofar as it related to determination of shares of the sharers is set aside by holding that the plaintiffs 2 and 3 and the 1st defendant are entitled to a 5/16th share each and that the 1st plaintiff is entitled to a 1/16th share in both the plaint A and B schedule properties. Accordingly, a preliminary decree is passed in favour of the plaintiffs and against the 1st defendant for partition of plaint A and B schedule properties into sixteen (16) equal and equitable shares by metes and bounds and according to good and bad qualities and for allotment of a 5/16th share each to the plaintiffs 2 and 3 and the 1st defendant and the remaining 1/16th share to the 1st plaintiff. There shall be no order as to costs.
Whether the benefits of the Hindu Succession Act are available to the appellants therein. The facts of the cited case are as follows: The appellants and the respondents are siblings being daughters and sons of one Ch. Venkata Swamy. The 1st respondent filed a suit for partition impleading his father (D1), his brother (D2) and his two sisters (the appellants-D3 and D4). The A, C, and D schedule properties are coparcenary property. The plaintiff claimed 1/3rd share for him and the defendants 1 and 2 (his father and brother). The preliminary decree granted in March 1999 declared that the plaintiff has got 1/3rd share in the said properties. Before passing the final decree, by 2005 Amendment Act, Section 6 of the Hindu Succession Act, 1956 was substituted. The appellants (D3 and D4) made an application for passing preliminary decree in their favour for partition of A, C and D coparcenary properties into four equal shares and allotment of one such share each to them as the 1st defendant died during the pendency of the suit. The said application was contested by the plaintiff. The trial Court by its order dated 15.06.2009 allowed the application of the appellants (D3 and D4) and had held that they were entitled for re-allotment of shares in the preliminary decree, i.e., they are entitled to 1/4th share each and separate possession in A, C and D schedule properties. The said order was challenged before this Court in an appeal. A learned single Judge of this court allowed the appeal and had set aside the order of the trial court. The appellants (D3 and D4) preferred an appeal by Special Leave before the Honble Supreme Court. While answering the question as to whether the preliminary decree passed by the trial court deprived the appellants/daughters of the benefits of 2005 Amendment Act although final decree for partition has not yet been passed, the Honble Supreme Court had held in favour of the daughters and had set aside the orders of this Court and had restored the order of the trial court. In the result, the appeal is allowed in part and the preliminary decree passed by the trial Court insofar as it related to determination of shares of the sharers is set aside by holding that the plaintiffs 2 and 3 and the 1st defendant are entitled to a 5/16th share each and that the 1st plaintiff is entitled to a 1/16th share in both the plaint A and B schedule properties. Accordingly, a preliminary decree is passed in favour of the plaintiffs and against the 1st defendant for partition of plaint A and B schedule properties into sixteen (16) equal and equitable shares by metes and bounds and according to good and bad qualities and for allotment of a 5/16th share each to the plaintiffs 2 and 3 and the 1st defendant and the remaining 1/16th share to the 1st plaintiff. There shall be no order as to costs.