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ANANT RAMANATH HEGDE
Gangavva @ Suvarna – Appellant
Versus
Iravva – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - This appeal is by the plaintiff. The suit for partition is dismissed.
2. The genealogy of the parties is as under:
3. One Basayya was the propositus. He had two sons, Irayya and Revanayya. Revanayya married Iravva and from the marriage the couple had three sons namely Rudrayya, Basayya and Gurushiddayya and one daughter Gangavva.
4. The suit is filed by Gangavva against her mother Iravva and brothers Rudrayya, Basayya and Gurushiddayya. The date of death of Revanayya is not furnished in the pleadings but it is admitted that Revanayya died many years prior to filing of the suit. The suit properties are the properties bearing Sy.No.114/C2 measuring 35 guntas and Sy.No.114/C3 measuring 35 guntas and Sy.No.114/C4 measuring 35 guntas in Rayanal village, Taluk Hubballi.
5. The suit is filed on the premise that the properties were allotted to the share of the branch of Revanayya after the death of Revanayya, in a partition between Irayya and branch of Revanayya. The plaintiff claims after the division of the properties between Irayya and branch of Revanayya there is no further division of properties among the plaintiff and the defendants.
6. The defenda
Joint family properties cannot be classified as self-acquired. Partition rights extend to all legitimate heirs, including daughters, affirming their claim to a share.
A daughter can claim a share in ancestral properties despite prior claims of partition if evidence for such partition is not established.
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.
A claimant must prove the ancestral nature of properties to claim entitlement under the amended Hindu Succession Act; mere assertions without evidence are insufficient.
Joint family properties are established through contributions from family income, and the validity of a gift deed in such cases necessitates consent from all joint owners.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The court affirmed that items 1 and 2 of suit properties are ancestral, and items 3 to 11 are self-acquired, highlighting the plaintiffs' burden to prove family property claims.
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