1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 217/2011 MAHADEV S/O MANIKRAO SHINDE AND OTHERS VS. DWARKABAI W/O BALASAHEB MANDE Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. Nirgude, J DATED : 6th June, 2011. Mr. Milind Patil h/f Mr. Bhagwat A. Shinde, Advocate for the appellants. 1. Heard. 2 The appellants are original defendants in this suit for partition. The respondent is the step sister of appellant No.1 and step daughter of appellants No.2 and 3. The respondent filed this suit for partition. The learned judges of the lower Courts held on facts that the plea of the appellants that there occurred previous partition was not proved. The only question that arose between the parties as to whether Hindu Succession Act as amended in 2005 would apply to the facts of the case and would entitle the respondent to have equal share with the appellant son in the joint Hindu Family property. The learned judges of the lower 2 Court held that since the father of the respondent and the appellant No.1 died in 2006, the amended Hindu Succession Act would apply and the respondent would be entitled to equal share with the appellant No.1. The learned advocate appearing for the appellants contended that since the respondent had already married in 1973-74, she no longer remained a member of joint Hindu Family property at the time of death of Manik, father of the appellant No.1 and the respondent, and therefore, she could not be allotted same share as is allotted to a son. Sub section (3) of Section 6 of Hindu Succession Act which is produced in the judgment of the first appeal Court, does not make any difference between a married daughter and unmarried one. Therefore, his argument is devoid of merit. There arose no substantial question of law. The appeal is dismissed. Civil Application No.6352/2010 is disposed of. [A.V. NIRGUDE,J.] ts k/2011/June6/sa217.11