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SURAJ GOVINDARAJ
Kadappa S/o. Girimallappa Madagouda – Appellant
Versus
Laxmibai W/o. Sidraya Chougala – Respondent
ORDER :
1. The petitioners are before this Court seeking for the following reliefs.
b. Issue such other writ/order/direction as deemed fit, in the interest of justice.
2. The suit in OS No.368/1989 came to be filed by deceased plaintiff No.1 i.e., the wife of respondent No.1 and the mother of respondents No.2 to 4 herein, seeking for the partition and separate possession before the Principal Munsiff Court and JMFC, Hukkeri which came to be decreed on 10.3.1993 by granting a notional share. Regular appeal in RA No.44/1997 (old RA No.22/1993) filed before the Civil Judge (Sr.Dn.) at Hukkeri, was partly allowed. Another regular appeal filed by respondent No.15 who is the brother of deceased Sri.Kadappa, in RA No.45/1997 (old RA No.23/1993) came to be dismissed vide common judgment dated 27.9.1997.
3. The Respondent No.15 having filed RSA No.30/1998, vide order dated 11-06-2002 the decree came to be modified, directing equity to be given to the purchaser who had purchased a portion of the pro
The judgment emphasized the need to re-determine the shares of all parties in accordance with the Vineeta Sharma case and clarified the application of the proviso to sub-Section (1) of Section 6 of t....
Daughters were denied coparcener status under old inheritance laws but still claimed joint family property rights; trial court granted them shares based on family law principles.
The main legal point established in the judgment is the applicability of Central Act 39/2005, which entitles daughters to equal shares in ancestral properties. The court's decision was influenced by ....
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
The main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The court clarified the interpretation of Section 23 of the Hindu Succession Act and held that it did not apply in this case, as it had been repealed and the plaintiffs had a right to seek partition ....
The joint family property principles affirmed the entitlement of daughters to equal shares alongside sons, despite claims of self-acquisition by the father regarding the property in question.
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