1. The present appeal is filed by the mother of the plaintiff and his brother. His mother is said to have died during the pendency of this appeal and she has died leaving behind a Will, which is now produced before the court. The plaintiff had filed a suit seeking a declaration of one-eighth share out of the suit schedule ‘A’ to ‘F’ properties, which according to them belong to his father Dodda Sharanappa and directing Defendant No.1, his mother and Defendant No.2, his younger brother to hand over separate possession of his share and for incidental reliefs.

2. The genealogy of the family is as under :

GENEALOGY

Dodda Sharanappa Died on 13.01.2007   = Hampamma Deft.1=Appt.1 (Died during the pendency of the appeal)
Chanagouda Plff=R.1	Rajendra Prasad D.2=A.2		Daxayani D.4=R.3		Vishalaxmi D.5=R4
Narendranath Dt.3=R.2 (Died during 2014) (Died during pendency of appeal)		Vijaylaxmi Dead		Shakuntala Dead
		Basavaraj D.6=R.5		=Mahipal D.7=R.6

3. It is the case of the plaintiff that Defendants 1 to 3 are the residents of Bellary. Defendant No.4 is a resident of Chitapur, Gulbarga District. Defendant No.5 is a resident of Bangalore. Defendant No.6 is a resident of Yardihal, Lingasugur Taluk, Raichur District. Defendant No.7 is a resident of Dharwad. The father of the plaintiffs is said to have died intestate as on 13.01.2007 leaving behind the plaintiff and the defendants. The plaintiff’s father Dodda Sharanappa and his uncle Sanna Sharanappa and his grandfather Veeran Gouda are said to have divided their ancestral and joint family properties under a partition deed dated 13.06.1967. At the said partition, Dodda Sharanappa the father of the plaintiff is said to have been granted ‘A’ schedule properties and the residential plots were again divided between Dodda Sharanappa, his wife Hampamma, and his four daughters namely Vijaylaxmi Devi, Drakshayini Devi, Shakuntala Devi and Vishalaxshi and his three sons namely the plaintiff and his brothers Narendranath and Rajendra Prasad, as on 30.03.1974. The agricultural lands were divided between Dodda Sharanappa and his three sons under a memorandum of partition dated 19.10.1976. Similarly, there was yet another memorandum of partition in respect of agricultural lands on 8.12.1986. It is clear that the plaintiff’s father had sold 19 sites formed out of agricultural lands and had retained the sale proceeds thereof apart from which the properties allotted to Vijayalakshmi, the deceased daughter and S. Dakshayani Devi - the Defendant No.4 in Sy.No.24-B/9 measuring 25 cents and another property of vacant site of Sy.No.350/21/D-1 which was jointly allotted to the plaintiff, his mother and two brothers was also liable for partition. The plaintiff’s father is said to have divided the properties amongst himself, the plaintiff and defendants as already stated, in the year 1986 under a memorandum of partition and since then, plaintiff and defendants 2 to 7 were enjoying their respective shares. The suit properties which had fallen to the share of Dodda Sharanappa were being enjoyed in their allotted shares. During the partition of the year 1986, the father of the plaintiff had not chosen to divide the gold and jewellery belonging to the joint family and had retained the same with him and till his death, the gold and jewellery had remained in the custody of the father of the plaintiff. And he had also retained a sum of Rs.60 lakh which he had received as sale consideration of the sites sold in Bellary City as already stated. The father of the plaintiff is said to have died intestate and thereafter, it is Defendant Nos.1 and 2 who had taken over the management and the affairs of the properties left behind by the plaintif