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ANANT RAMANATH HEGDE
Basaventavva – Appellant
Versus
Irappa – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - The defendants No.2 to 6 in O.S.No.124/2010 on the file of III Additional Senior Civil Judge, Hubballi are before this Court under section 96 of Code of Civil Procedure ('Code' for short) challenging the judgment and decree dated 28.02.2013 passed in the above said suit.
2. The suit for partition and separate possession filed by the two daughters of late Chandrappa is decreed in part. Plaintiff No.2 was given 1/5th + 1/25th share and plaintiff No.1 is also held entitled to 1/25th share in Item Nos.1 to 3, 5 and 6 of the suit schedule properties. The plaintiffs have not questioned the said judgment and decree.
3. Genealogy of the parties is as under:
IMAGE
Brief facts:
4.1 One Chandrappa was the propositus. He died on 20.11.1989. His wife Shankravva died on 05.09.2006. The couple had three sons and two daughters. Irappa is the elder son, Godachappa is the second son and second son died in 1995, Akkavva is the daughter who is plaintiff No.1, Savakka is another daughter who is plaintiff No.2 and Fakkirappa is the last son who is arrayed as defendant No.7. The heirs of Godachappa, the second son who died in 1995 are arrayed as defendants No.2 to 6. D
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....
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
Daughters were denied coparcener status under old inheritance laws but still claimed joint family property rights; trial court granted them shares based on family law principles.
The main legal point established in the judgment is that the burden of proof lies on the party claiming a prior partition, and in the absence of documentary evidence, unchallenged evidence of the opp....
The main legal point established in the judgment is the entitlement of daughters to claim partition in coparcenary property under the amended Section 6 of the Hindu Succession Act, 1956, as per the l....
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