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P. S. DINESH KUMAR, C. M. POONACHA
Sumithramma – Appellant
Versus
N. Venkataraman – Respondent
JUDGMENT :
P.S. Dinesh Kumar, J.
This appeal by the plaintiffs is directed against the judgment and decree dated September 09, 2011 in O.S. No. 6319/1994 passed by the I Additional City Civil and Sessions Judge, Bangalore, dismissing the suit for partition and separate possession.
2. For the sake of convenience, parties shall be referred as per their status before the Trial Court.
3. Plaintiff's case is, one Adappa was the propostius of the family. He had three sons namely Ashwathappa, Narayanaswamappa and Hanumanthappa. After Adappa's death, the joint family properties were divided among his sons vide partition deed dated October 24, 1957. The family tree is as follows:
Witness:
1. Sd/-
2. Sd/-
Signed Before me
Sd/- A.M.Sudhakara, Village Accountant
Bytarayanapura Circle. "(sic)
4. Aswathappa and Narayanaswamappa continued to enjoy their share in properties jointly whereas Hanumanthappa separated himself from the joint family. Plaintiff No.1 and Defendants No. 1 to 6 are the sons of Narayanswamappa and Plaintiffs No. 2 to 5 are his daughters. Ashwathappa had two wives namely Gangamma and
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....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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