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ANANT RAMANATH HEGDE
Shreeshail – Appellant
Versus
Basavaraj – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - Defendant No.1-Shrishail in OS.no.66/2010 On the file of the I Additional Senior Civil Judge Dharwad, is aggrieved by the decree for partition granted in favour of the plaintiffs who are three in number. The admitted genealogy is as under:-
2. One Yallappa the propositus died on 05.01.2010. The propositus is survived by Basavannevva his wife, Basavaraj and Shrishail his two sons and Sumangala the only daughter. The suit is filed in the year 2010 by Basavaraj S/o Yallappa Ghalappanavar, Sumangala the daughter of Yallappa and Basavannevva- the wife of Basavaraj.
3. The suit is filed against Shrishail, the son of Yellappa. Later, on an application, the mother of Yallappa by name Siddawwa, the sister of Yallappa by name Gangawwa were impleaded.
4. The plaintiffs contend that item Nos.(a) and (b) of the suit schedule the properties were allotted to the share of Yallappa in the partition which took place in the between Yallappa, his mother and his sister. In the said partition, item Nos.(a) and (b) properties were allotted to the share of Yallappa. Item No.(c) is the property purchased in the name of defendant no.1 under the registered sale deed date
The court ruled that an oral partition established the properties as separate and self-acquired, barring claims for partition after 18 years and validating a gift deed executed by the coparcener.
The court ruled that disputed gift deeds require credible evidence for enforcement; joint property claims must prioritize actual possession and entitlement over mere assertions of gift.
Gift by a coparcener of his undivided interest in coparcenery properties as void - Coparcener can make a gift of his undivided interest in coparcener property to another coparcener or to a stranger....
The central legal point established in the judgment is the interpretation of the validity of settlement and sale deeds, the nature of the suit property, and the right of pre-emptive purchase.
A daughter can claim a share in ancestral properties despite prior claims of partition if evidence for such partition is not established.
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