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H. P. SANDESH
D. Lingegowda, S/o Late Devegowda – Appellant
Versus
Gowramma – Respondent
JUDGMENT :
This second appeal is filed challenging the judgment and decree of reversal passed by the First Appellate Court in R.A.No.54/2016 on 11.07.2018 granting the relief of partition and separate possession of 1/3rd share in the suit schedule property in favour of the plaintiff.
2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent Nos.2 and 3.
3. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.
4. The factual matrix of the case of the plaintiff before the Trial Court that defendant No.1 is the mother and defendant No.2 is the brother of plaintiff. The suit schedule property is a site and the same was allotted in favour of his mother on account of death of his father in recognizing the service rendered by his father. Hence, the same is the property of the family and not the exclusive property of his mother and the same is a joint family property of himself, defendant Nos.1 and 2. Defendant Nos.1 and 2 are not having exclusive right to sell the property and hence, the plaintiff is entitled for the relief of partition and separate possession o
A suit for partial partition is impermissible if not all joint family properties are included, and admissions made by parties are binding.
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....
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The necessity to provide evidence of entitlement to ancestral property and the importance of including all relevant parties in a partition suit.
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