Back
M. G. UMA
V Girish Kumar – Appellant
Versus
R Hemavathi – Respondent
JUDGMENT/ORDER
1. The plaintiff in O.S.No.4256/1996 on the file of the learned I Additional City Civil and Sessions Judge, Bengaluru City, (CCH No.2) (hereinafter referred to as 'the trial Court' for brevity), is impugning the judgment and decree dtd. 21/3/2011, dismissing the suit and rejecting the claim for partition and separate possession of Schedule 'A' to 'C' Properties by allotting 1/5th share in his favour by metes and bounds, to restrain defendant Nos.1 and 2 from alienating the Schedule Properties in favour of any third parties and for mesne profits.
2. For the purpose of convenience, parties are referred to as per their rank before the trial Court.
3. Brief facts of the case are that, the plaintiff filed the suit O.S.No.4256/1996 before the trial Court against defendant Nos.1 to 6 for partition and separate possession of his 1/5th share in the Schedule Properties by metes and bounds, for mesne profits and also for permanent injunction restraining defendant Nos.1 and 2 from alienating the Schedule properties. Schedule 'A' appended to the plaint describes the property bearing No.9, situated at Sunkalpet Main Road, Bengaluru, measuring East to West 14.11 feet and North to So
The court reinforced that all legal heirs hold a right to inherit property shares upon intestate death, making unauthorized sales by one heir ineffective against co-heirs.
The burden of proof lies on the party asserting self-acquisition in joint family property, which is subject to partition among co-owners.
In a suit for partition, all necessary parties and joint family properties must be included. If the suit is incomplete, the court should defer the judgment and allow the plaintiff to include the omit....
The court ruled that the plaintiffs' claims over certain properties were invalid due to prior sales, emphasizing the necessity of declarations regarding property ownership in joint familial contexts ....
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
A co-owner's claim to property rights is upheld despite one sibling's mortgage redemption, requiring compensation for shared expenses incurred.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
