Joint Family - Partition in the year 1971 - Plaintiff born after partition - father died intestate - suit for partition of the share of father died intestate - No partial Partition as the suit is filed only on the share of father obtained without asking for cancellation of old partition in the year 1971- Pending suit Hindu succession Act amended A.P. Amendment - plaintiff being daughter is entitled for partition - Hindu Succession (Amendment) Act 2005 - sec.29 and sec.23 - Plaintiff whether married or not - entitled for share in the entire property including dwelling house- due to commencement of central act , AP amendment Act is deemed to be repelled - 2015 A.P.(2014) MSK LAW REPORTS 13
1. Whether the suit is for partial partition and hence not maintainable for the reasons as set forth in para 4-A of the written statement of defendant no.1, defendant no.4 and defendant no.5? Trial court held that It held that if these properties are not included, then the suit for partition would be a suit for partial partition, which would not be maintainable, and therefore they are also liable for partition. It held that since the plaintiff has been held to be entitled to partition, the defendants who are admittedly in possession of the plaint A to C schedule properties pending suit are liable to account for those properties. It therefore directed determination of mesne profits from plaint A to C schedules as also from the lands admeasuring Ac.2.56 cts in R.S.No.408/2 and Ac.1.93 cts in R.S.No.407/3 from the date of suit till the date of actual partition and delivery of possession and directed that they shall share them propo...