This appeal is filed by the legal representatives of the plaintiff. The plaintiff is said to have died during the pendency of the suit, in the year 2008.

2. The suit was for partition and separate possession of the properties described in Schedule‘A’ and ‘B’ to the suit. Defendants 1 to 3 were the brothers of the plaintiff and defendants no.4 & 5 were the sister and sisterinlaw, respectively, of the plaintiff. The parties were admittedly governed by the Hindu law.

The genealogy of the family is as under :

Late Siddalingappa (Deceased - 1961)

(wife) Shantamma (Deceased - 1994)

Vasantha C.Kerur (Plaintiff – Since deceased now representted by) B.Basavaraja (D-1)

B.Nagaraja (D-2 )

Devamma (D-4) married in 1977 Giriraja (D-3)

P1(a) Chandrashekar Kerur P1(b) M.D. Vidya Rani P1(c) Kavita Veerendra P1(d) Vivek Kerur

Wife K.G. Kamalakshi (D-5)

The plaintiff’s father had died 37 years prior to the suit. The mother of the plaintiff had died 5 years prior to the suit. It was claimed that the suit properties were joint family properties and were acquired out of joint family funds, though some items of the suit properties were shown in the name of the fifth defendant, the wife of the first d