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2003 Supreme(Kar) 61

CHANDRASHEKARAIAH
V. K. THIMMAIAH – Appellant
Versus
V. K. PARVATHI – Respondent


Advocates:
C.R.SUBRAMANYAM, Christopher Noel, K.A.Balachandra, Nagaiah, T.N.RAGHUPATHY

Judgement Key Points

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

  1. The properties in question were initially purchased in the name of late Kunnaiah when he was a minor, with his mother Ningamma acting as guardian. There is no evidence to suggest that Kunnaiah possessed any separate income or assets at that time, indicating that these properties are likely ancestral rather than self-acquired (!) (!) .

  2. Various sale deeds and documents show that properties purchased in the name of Kunnaiah, including lands in Athur and Kaikeri, were acquired from income generated through the family’s ancestral lands, further supporting their characterization as joint family or ancestral properties (!) (!) (!) .

  3. The evidence indicates that Kunnaiah’s properties, including those sold and re-purchased over the years, were part of a joint family nucleus, and there is no clear proof that any property was acquired solely through his individual efforts or income, thus classifying them as joint family assets (!) .

  4. The will executed by Kunnaiah, which purportedly bequeaths certain properties, was scrutinized for mental capacity and authenticity. The evidence suggests that Kunnaiah was of sound mind when executing the will, and the signature was not disputed. However, the will’s contents described the properties as his self-acquired assets, which conflicts with the earlier evidence indicating they are joint family properties (!) (!) (!) .

  5. The court found that the properties were in fact joint family assets and that Kunnaiah, as a co-parcener, did not have the authority to dispose of or bequeath these properties without the consent of all other co-parceners. The will was deemed not binding on the other family members (!) (!) .

  6. The court held that the properties in question belonged equally to all the co-parceners, including Kunnaiah and his children, with each entitled to an equal share. Specifically, the defendants (sons) were entitled to a combined share of 11/50 each, and the plaintiff and other heirs (daughters and their children) each received 1/50th share (!) (!) .

  7. The appeal resulted in setting aside the trial court’s judgment, leading to a decree that recognized the shares as above, with the defendants entitled to a larger proportion based on their claim of inheritance from the joint family assets, and the plaintiff and other heirs each receiving smaller, equal shares (!) .

  8. Parties are to bear their own costs, and the appeal was allowed, confirming the division of the properties as per the court’s findings (!) .

Please let me know if you need further analysis or specific legal advice.


CHANDRASHEKARAIAH, J.

( 1 ) THIS appeal is by defendants 1, 2 and 4 challenging the judgment and decree passed by the Court of the Civil Judge (senior Division) at Virajpet in O. S. 22/1995.

( 2 ) THE parties in this appeal are referred to as they are arrayed in the trial Court.

( 3 ) THE plaintiff who is respondent-1 in this appeal has filed a suit for partition and separate possession of 1/10th share of the suit schedule properties by metes and bounds and also sought for an enquiry under Order 20, Rule 12 CPC to ascertain the mesne profits. Plaintiff is the 2nd daughter of late Sri Kunnaiah. Defendants 1, 2, 3 and 4 are the sons and defendants 5, 6, 7 and 8 are the daughters of late Kunnaiah. Defendant 9 is the son of the first daughter of late Sri Kunnaiah. From the plaint averments it is seen that Kunnaiah died on 9-1-1993. According to the plaintiff the suit schedule properties are the self acquired properties of her father late Sri Kunnaiah and therefore, she is entitled for 1/10th share in the suit schedule properties. The defendants 1, 2 and 4 have jointly filed a written statement claiming their share in the suit schedule properties by paying necessary Court fee. According
























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