-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 309 OF 2008 ALONGWITH CIVIL APPLICATION NO. 1001 OF 2008 IN S.A.NO. 309 /2008 Bhalchandra Dhondiba Mundhe .. Appellant. V/s. 1. Ramabai Dhondiba Mundhe & Anr. .. Respondents. --- Mr. Sachin S.Punde for the Appellant. Mr. S.V. Gavand for the Respondents. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 07th OCTOBER, 2008. DATED : 07th OCTOBER, 2008. DATED : 07th OCTOBER, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Punde, learned counsel for the appellant and Mr. S.V.Gavand, learned counsel for the respondents. 2. The appellant is the original defendant no.1. The respondent no.1’s suit for partition and separate possession was decreed by the trial court. Sofar as suit house property is concerned, the trial court granted 1/5th share each to the original plaintiff and the defendant nos. 1 to 4 and so far as agricultural land is concerned, the plaintiff and the defendant nos. 1 to 8 were granted 1/9th share each. In an appeal, at the -: 2 :- instance of the defendant no.1, lower appellate court modified the trial court’s decree thereby, declaring that the plaintiff and each defendant nos. 1 to 8 have 1/9th share in the house property. Rest of the decree is not disturbed. 3. Mr. Punde, Advocate for the appellant contends that the respondent nos. 5 to 9 are the married sisters and therefore they are not entitled to any share in the house property. This submission is devoid of any merit. Under the provisions of section 23 of the Hindu Succession Act, which was repealed in the year 2005 i.e. much after the filing of the suit, a female heirs cannot claim partition until the male heirs chose to divide their respective shares. However, once partition is effected, female heirs are entitled for shares. Therefore, the lower appellate court rightly granted share in the suit property to married daughters. There is no merit in the appeal much less any substantial question of law is involved. Hence, the appeal is dismissed. 4. In view of the above order, the civil application will not survive and the same is dismissed of as such. -: 3 :- (R.V.MORE,J.)