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ANANT RAMANATH HEGDE
Basavaraj Shivappa Meti – Appellant
Versus
Premabai – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - The suit in O.S.No.247/2000 is filed for the relief of partition and separate possession. There are five properties described in the plaint. Four are agricultural lands and one is the residential house. The suit is filed by the wife and children of late Kanaksingh. The relationship is not in dispute. The genealogy is as under:
2. One Govind Singh was the propositus. He died in 1972. After his demise, the properties were inherited by his wife Smt.Bhavani Bai, two sons i.e. Kanaksingh and Raghunath Singh and two daughters i.e., Smt Padma Bai and Smt Ambu Bai. The admitted facts would reveal that after the demise of Govind Singh, wife of Govind Singh and his two daughters did not make any claim in respect of the properties. The properties were mutated jointly in the names of two sons viz., Raghunath Singh and Kanak Singh. It appears that Raghunath Singh transferred his share in the properties in favour of his three sons in respect of one of the suit properties namely the property bearing Sy No.233. Later some of the properties were sold in favour of defendants 6 to 10. The sale transactions have taken place in respect of the following suit sched
The main legal point established in the judgment is that properties derived by the father through a partition deed are to be treated as his self-acquired properties, as per Section 8 of the Hindu Suc....
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
A claimant must prove the ancestral nature of properties to claim entitlement under the amended Hindu Succession Act; mere assertions without evidence are insufficient.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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