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C. M. POONACHA
Nagappa, S/o. Jatta Naik – Appellant
Versus
Madevi, W/o. Manjunath Naik – Respondent
JUDGMENT :
C.M. Poonacha, J.
The present second appeal is filed under Section 100 of the Code of Civil Procedure, 1908, [Hereinafter referred to as the ‘CPC’] by the defendant No.1 challenging the judgment and decree dated 05.12.2017 passed in R.A.No.76/2017 by the Senior Civil Judge and JMFC, Bhatkal, [Hereinafter referred to as the ‘First Appellate Court’] and the judgment and decree dated 15.03.2017 passed in O.S.No.6/2015 by the Additional Civil Judge, Bhatkal, [Hereinafter referred to as the ‘Trial Court’], whereunder the suit for partition has been dismissed by the Trial Court and the First Appellate Court allowed the appeal of the plaintiff, decreed the suit and it has been ordered that the plaintiff, defendants No.1 and 2 are entitled to 1/3rd share each in the suit ‘A’ schedule properties.
2. The parties herein are referred to as per their status before the Trial Court for the sake of convenience.
3. It is the case of the plaintiff that the plaintiff, defendants No.1 and 2 are the members of Hindu Undivided Family. That the suit lands were personal lease hold properties of late Jatta Naik and after his death his wife Smt. Subbi applied for grant of suit ‘A’ schedule properties
Daughters have equal rights to inherit family property under the Hindu Succession Act, regardless of their marital status or the timing of their birth relative to the Act's enactment.
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 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....
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
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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