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N. S. SANJAY GOWDA
Pandurangappa, S/O Patel Rangappa, Since Dead By His Lrs. – Appellant
Versus
N. B. Dodda Rangappa, S/O Patel Rangappa, Since Dead By His Lrs. – Respondent
JUDGMENT :
1. N.B. Dodda Rangappa filed a suit for partition in respect of the thirteen agricultural properties and one tractor-trailer against Pandu Rangappa and his other three half-brothers and one Meenakshamma wife of Thimmanna.
2. The parties shall be referred to by their names instead of their ranking for the sake of convenience.
Brief facts:
3. It is the case of Dodda Rangappa that he was the only son of Patel Rangappa and his wife—Chikkamma. He stated that his father Patel Rangappa, without the knowledge and consent of Chikkamma, had married another lady called Sannamma, through whom, Patel Rangappa had four children namely defendants 1 to 4. He stated that this marriage was void and after the death of his mother—Chikkamma, his half-brothers were joint in possession of the suit schedule properties and Sanna Rangappa—the last son of Patel Rangappa through Sannamma was managing the entire affairs of the family. He stated that initially defendant No.1/Pandu Rangappa was managing the properties of the family, but subsequently, he was addicted to bad habits and this resulted in Dodda Rangappa demanding a share.
4. He stated that his demand was however refused and despite many attempt
Marriages solemnized before the Hindu Marriage Act, 1955 came into force are valid and the children born out of such marriages are entitled to equal shares in the properties.
Children born from a void marriage have no rights to ancestral property during the lifetime of their parents, as established under Sections 5, 11, and 16 of the Hindu Marriage Act.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
Children born of void marriages under Hindu law cannot claim rights to ancestral property during the father's lifetime, preventing partition claims until after the father's death.
(1) Partition – In a suit for partition and shares are dependent upon nature of status and time at which t partition is decreed – Shares fluctuate not only with happening of events in family but also....
Children born to a void marriage are entitled to property shares under the Hindu Marriage Act, despite the marriage's invalidity.
Children from void marriages cannot inherit ancestral property; their rights are confined to their parent's property, consistent with Hindu Succession Act amendments.
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
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