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ANANT RAMANATH HEGDE
Laxman Yallappareddi Hullatti Since Deceased By His Lr. s. , Sharadamma – Appellant
Versus
Ramachandrappa Yallareddi Hullatti Since Deceased By His L. rs. Smt. Gouramma – Respondent
JUDGMENT :
Mr. Anant Ramanath Hegde, J. - This appeal is by the defendants in O.S.No.20/2009 on the file of the Addl. Senior Civil Judge, Ranebennur.
2. The suit was one for the relief of partition. Plaintiffs claimed 1/3rd share in the suit schedule properties. The genealogy of the parties is as under:
3. Originally, the suit properties belonged to one Yallappareddi, who died in the year 1953. His wife predeceased him. Yellappareddi is survived by four sons and one daughter. Since Yallappareddi died in the year 1953, his four sons inherited the properties equally. Among them, Ramappareddi is the elder son. He died in the year 2005. He was a bachelor. The second son of Yallappareddi died in the year 1980 leaving behind his wife Gouramma and two sons namely, Yallappa and Manjappa. Manjappa died unmarried. The last son of Yallappareddi namely, Hemareddi died on 06.12.2003 and he is survived by his wife Janamma and two sons namely, Yakareddi and Hanumreddi.
4. The suit is filed by Gouramma and Yallappa, who represented the branch of Ramchandrareddi and Janamma, Yakaraddi and Hanumareddi, who represented the branch of Hemaraddi.
5. The suit was opposed by the defendants, who represented the
A daughter can claim a share in ancestral properties despite prior claims of partition if evidence for such partition is not established.
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 joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The court established that evidence must substantiate claims of oral partition, prioritizing the registered Partition Deed as definitive proof for ancestral property entitlements under the Hindu Succ....
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