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KRISHNA S. DIXIT, RAMACHANDRA D. HUDDAR
Venkataswamappa, S/o. Annayappa – Appellant
Versus
Hemanthkumar, S/o. Krishnappa – Respondent
JUDGMENT :
(Ramachandra D. Huddar, J.)
This appeal by Defendant Nos. 1 to 3 is directed against the judgment and decree dated 18th December 2010 passed by the Senior Civil Judge and JMFC., Devanahalli, in O.S.No.463/2006. Parties to this appeal are referred to as per their rank before the trial Court for the purpose of ease.
2. The records of this appeal reveal that, during the pendency of this appeal, Appellant No.2 died and her Legal heir is brought on record in the shape of appellant No.2(A). Likewise, Respondent Nos.8 to 13 are also impleaded in this appeal as per the orders dated 21.03.2023. Cause-Title is amended accordingly.
3. That plaintiff Nos.1 to 3 arrayed as respondent Nos.1 to 3 in this appeal filed a suit in O.S.No.463/2006 against defendants seeking relief of partition and separate possession of the suit schedule properties more fully described in the schedule appended to the plaint with mesne profits thereon. (Hereinafter referred to as 'suit schedule properties' for the purpose of convenience). The plaintiffs have furnished the genealogical tree to show their relationship with defendant nos.1 to 3. The following genealogical will be helpful in appreciating the claims
In partition suits, the burden of proof lies on the plaintiffs to establish their relationship to the deceased and the nature of the properties as joint family assets.
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....
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
The existence of a registered partnership deed governs the relationship between parties, rendering claims for partition of joint family properties unmaintainable when no evidence of joint family owne....
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