Back
B. M. SHYAM PRASAD, G BASAVARAJA
Kasturibai – Appellant
Versus
Hemachandra – Respondent
| Table of Content |
|---|
| 1. nature of appeals and partial decree. (Para 1 , 2) |
| 2. claims of entitlement and partition disputes. (Para 3 , 6 , 8) |
| 3. family relations and inheritance details. (Para 4 , 5 , 9 , 10) |
| 4. issues framed by the civil court. (Para 11 , 12) |
| 5. civil court's findings on properties and wills. (Para 15) |
| 6. arguments presented by counsel. (Para 16 , 17 , 18 , 19) |
| 7. legal principles about partition. (Para 23) |
| 8. conclusions drawn by the court on partition. (Para 24 , 28 , 30) |
| 9. determination of partition validity. (Para 25 , 26) |
| 10. status of properties post parties' agreements. (Para 31 , 32 , 33) |
| 11. execution and challenges of last will. (Para 35 , 36) |
| 12. civil court’s opinions on property exchanges. (Para 37 , 38 , 39) |
JUDGMENT :
B.M. Shyam Prasad, J.
1. These appeals are by the plaintiff and some of the defendants in O.S. No. 207/2010 on the file of the Senior Civil Judge and JMFC, Navalgund (for short, 'the civil Court'). The appeal in RFA No. 100507/2020 is by the plaintiff, the appeal in RFA No. 100016/2020 is by the third to fifth defendants and the appeal in RFA No. 100148/2021 is by the tenth to fourteenth defendants. The parties for reasons of convenience are referred t
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 presumption of joint family property necessitates proof of individual ownership; without such proof, a child has a right to claim share in ancestral property.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
A joint Hindu family property remains joint unless proven otherwise; the burden of proof lies on the party claiming separate ownership, requiring credible evidence.
The central legal point established in the judgment is the requirement to establish the remaining land after a sale of joint family property and the probative value of registered documents in determi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
