N Thirupathamma vs N Rami Reddy Died
2021 Latest Caselaw 2775 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.342 of 2021

                           PROCEEDING SHEET

Sl.     Date                          ORDER                                OFFICE
No.                                                                         NOTE

 1.   02.8.2021 MVR,J
                        Second Appeal No.342 of 2021

                     Heard Sri N.Sriram Murthy, learned counsel
               for the appellants. Considering the decrees and
               judgments of the trial Court as well as the first
               appellate Court since the following substantial
               questions of law arise for determination in this
               second appeal, Admit:

                    1. When Items 1 and 2 of the plaint schedule
                       which is the ancestral property was admittedly
                       given towards maintenance to the 1st
                       appellant/1st defendant under Exs.A1 and A2,
                       whether the same did not blossom into
                       absolute right under Section 14(1) of the
                       Hindu Succession Act?

                    2. When the provisions contained in the amended
                       Section 6 (substituted by Act 39 of 2005) of the
                       Hindu Succession Act, 1956 confer status of
                       coparcener on the daughter born before or
                       after amendment in the same manner as son
                       with same rights and liabilities as held by the
                       Hon'ble apex Court in Vineeta Sarma vs.
                       Rakesh Sharma and when the 1st appellant/
                       1st defendant succeeds the share of the
                       deceased daughter, whether the Court below is
                       justified in holding that the appellants are
                       entitled to take possession of item No.2 of the
                       plaint schedule property after the life time of
                       1st appellant/1st defendant, particularly when
                       the 2nd respondent is the 2nd wife and

respondents 3 to 5 are her illegitimate children?

3. When P.W.1-plaintiff/deceased respondent No.1 testified that "I got female child through first wife i.e., D1 and the said female child subsequently died" whether the first appellate Court is justified in holding that the appellants are entitled to take possession of item No.2 of the plaint schedule property after the life time of 1st appellant/1st defendant? See 2010 (4) ALD 152 (SC) Para 52.

4. When the purchase and possession of items 1 and 2 of plaint schedule by appellants 2 and 3/ defendants 2 and 3 respectively under Originals of Exs.A.4 and A.5 is not disputed whether the first appellate Court is justified in holding that the appellants are entitled to take possession of item No.2 of the plaint schedule property after the life time of 1st appellant/1st defendant?

5. When admittedly, respondents 3 to 5 are born out of void marriage between respondents 1 and 2, and are not entitled to claim inheritance in ancestral property but is entitled only to claim share in self-acquired properties, if any, whether the first appellate Court is justified in holding that the appellants are entitled to take possession of item No.2 of the plaint schedule property after the life time of 1st respondent/1st defendant, when particularly the 2nd respondent has no semblance of right in the plaint schedule properties?

Issue notice to the respondents to submit arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).

List during the 1st week of November 2021.

________ MVR,J I.A.No.1 of 2021 Heard.

In the circumstances, there shall be interim stay of operation of decree in A.S. No.47 of 2016 dated 07.4.2021 on the file of the Court of learned VI Additional District Judge, Kurnool, until further orders.

________ MVR,J vasu