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2019 Supreme(SC) 57

A.M.KHANWILKAR, AJAY RASTOGI
Radhamma – Appellant
Versus
H. N. Muddukrishna – Respondent


Advocates Appeared:
Mrs. Vaijayanthi Girish, AOR, Mr. Harisha S.R., Adv., for the Appellant.

Judgement Key Points

Based on the provided legal document, here are the key points:

  • Legal Principle: A coparcener can dispose of their undivided share in Mitakshara joint family property by Will or any testamentary disposition. (!) (!) (!)
  • Statutory Basis: This right is derived from Section 30 of the Hindu Succession Act, 1956, read with its Explanation, which deems the interest of a male Hindu in Mitakshara co-parcenary property as capable of being disposed of by him. (!) (!) (!)
  • Effect of Will: Since the testator disposed of his share via a valid Will, no further independent share can be claimed by the appellants in the ancestral properties as members of the family; their share would have devolved on the testator's death. (!) (!) (!)
  • Validity of Will: The Supreme Court upheld the concurrent finding of fact that the Will was duly executed under Section 68 of the Evidence Act, despite suspicious circumstances raised by the appellants regarding the timing and the testator's health. (!) (!) (!)
  • Property Classification: The court affirmed that properties scheduled 'A' to 'E' belong to the joint family, properties 'F' and 'G' are self-acquired by the testator, and property 'H' is the exclusive property of Smt. K.C. Saroja. (!) (!) (!)
  • Outcome: The appeal filed against the High Court's judgment was dismissed, upholding the High Court's reversal of the trial court's decree regarding the 1/10th share claim. (!) (!)

JUDGMENT :

Rastogi, J.

1. The instant appeal is directed against the judgment of the High Court of Karnataka dismissing RFA No. 347/1998 holding that the appellants are not entitled to claim any share in the joint family properties. The appellants/plaintiffs filed a suit on 16.1.1976 for 1/10th share in the suit properties described in the schedule to the plaint as ‘A’ to ‘H’. The learned trial Court decreed the suit declaring that the second plaintiff (since first plaintiff died on 7.7.1978 leaving behind daughter) Smt. Nagamma is entitled for 1/10th share of joint family properties in the plaint which are scheduled properties ‘A’ to ‘E’ and the properties in the plaint scheduled ‘F’ & ‘G’ were held to be the self-acquired properties of the testator, and property ‘H’ was declared as the exclusive property of the Smt. K.C. Saroja. The judgment and decree of the trial Court came to be challenged in the regular first appeal before the High Court by the present appellants in RFA No. 347/1998 and RFA No. 922/2001 was filed by the defendants-respondents against the self-same impugned judgment. The High Court after hearing the parties and on reappraisal of the evidence while affirming the













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