Prakash vs Phulavati .

4. According to the case of the plaintiff, the suit properties were acquired by her late father Yeshwanth Chandrakant Upadhye by inheritance from his adoptive 2 Page 2 Civil Appeal No.7217 of 2013 etc. mother Smt. Sunanda Bai. After the death of her father on 18th February, 1988, she acquired the share in the property as claimed.

5. The suit was contested mainly with the plea that the plaintiff could claim share only in the self acquired property of her deceased father and not in the entire property. During pendency of the suit, the plaintiff amended the plaint so as to claim share as per the Amended Act 39 of 2005. The trial court partly decreed the suit to the extent of 1/28 th share in certain properties on the basis of notional partition on the death of her father and in some of the items of property, no share was given, while 1/7th share was given in some other properties as mentioned in detail in the judgment of the trial court.

6. The respondent-plaintiff preferred first appeal before the High Court with the grievance that the plaintiff became coparcener under the Amendment Act 39 of 2005 and was entitled to inherit the coparcenary property equal to her brothers, apart from contentions based on individual claims in certain items of property. 3

23. Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said 17 Page 17 Civil Appeal No.7217 of 2013 etc. date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation.

24. On above interpretation, Civil Appeal No.7217 of 2013 is allowed. The order of the High Court is set aside. The matter is remanded to the High Court for a fresh decision in accordance with law. All other matters may be listed for hearing separately for consideration on 24 th November, 2015.

26.5 This would normally have ended our order with the operative part being in para 24 which disposes of Civil Appeal No.7217 of 2013 and directs listing of other matters for being dealt with separately. However, one more aspect relating to gender discrimination against muslim women which came up for consideration needs to be gone into as Part II of this order.

Part II

31. For this purpose, a PIL be separately registered and put up before the appropriate Bench as per orders of Hon’ble the Chief Justice of India.

S.L.P.(C)No......../2015 (CC No.15560/2015) Date : 16/10/2015 These appeals were called on for pronouncement of judgment today.

For Appellant(s) Mr. Anil C. Nishant,Adv.

Mr. S.N. Bhat,Adv.

Mr. A.K. Joseph,Adv.

Mrs. Sudha Gupta,Adv.

Mrs. S. Usha Reddy,Adv.

Mr. Nanda Kishore,Adv.

Mr. P.R.Kovilan,Adv.

Ms. Geetha Kovilan,Adv.

Page 31 Civil Appeal No.7217 of 2013 etc. Mr. Shanth Kumar V. Mahale,Adv.

Mr. Rajesh Mahale,Adv.

Mr. Raghavendra S. Srivatsa,Adv.

Mr. Charudatta Mohindrakar,Adv.

Mr. A. Selvin Raja,Adv.

Mr. Aniruddha P. Mayee,Adv.

Mr. P.R. Ramasesh,Adv.

Mr. Ankolekar Gurudatta,Adv.

Mr. K.N. Rai,Adv.

Mrs. Vaijayanthi Girish,Adv.

Mr. G. Balaji,Adv.

For Respondent(s) for M/s. S.M. Jadhav & Company,Advs. Mr. Rauf Rahim,Adv.

Mr. Sumeet Lall,Adv.

Mr. Balaji Srinivasan,Adv.

Mr. Mayank Kshirsagar,Adv.

Ms. Srishti Govil,Adv.

Ms. Vaishnavi Subrahmanyam,Adv.

Mr. Tushar Singh,Adv.

Mr. Virendra Sharma,Adv.

Mr. Manjunath Meled,Adv.

Mr. Vijaylaxmi,Adv.

Mr. Anil Kumar,Adv.

Mr. Somiran Sharma,Adv.

Mr. B. Subrahmanya Prasad,Adv.

Mr. Anirudh Sanganeria,Adv.

Mr. Chinmay Deshpande,Adv.

Mr. Amjid MaQBOOL,aDV.

Mr. Shashibhushan P. Adgaonkar,Adv. Mr. T. Mahipal,Adv.

Mr. G.N. Reddy,Adv.

Mr. Rajinder Mathur,Adv.

Mr. Shankar Divate,Adv.

Page 32 Civil Appeal No.7217 of 2013 etc. Mrs. K. Sarada Devi,Adv.

Ms. Garima Prashad,Adv.

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Anil R. Dave and His Lordship.

Civil appeal No.7217/2013 is allowed, all the pending applications stand disposed of and the connected Special Leave Petitions may be listed for hearing separately for consideration on 24th November, 2015, in terms of signed Reportable Judgment.

All the pending applications stand disposed of.

(Signed Reportable judgment is placed on the file) 33 Page 33