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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. Sandesh
Venkatesha, S/O Late Sannegowda – Appellant
Versus
Rangamma, W/O Late Sannaraju – Respondent
JUDGMENT :
H.P. Sandesh, J.
1. This matter is listed for consideration of I.As’ and those IAs’ are allowed. The learned counsel appearing for the appellant insisted this Court to hear the matter on merits since the FDP is filed before the Trial Court and date is fixed for the consideration tomorrow and hence this Court heard the matter on merits also regarding admission of the second appeal.
2. The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of partition and separate possession in respect of the schedule property in O.S.No.542/2012 contended that one Sannegowda was the propositus of the plaintiff and the defendants. The plaintiff Nos.3 to 6 and defendants are the children of said Sannegowda and plaintiff No.1 and plaintiff No.2 are the wives of other two sons of Sannegowda who are no more, the said Sannegowda had 8 children out of which six sons and 2 daughters. The said Sannegowda died and his wife Puttamma also died long back and the said Sannegowda was a tenant in respect of suit schedule properties under the landlord Sri.Krishnashetty and Smt.Jayalakshmama and has filed the declaration claiming occupancy rights under the provisions of LA
Tenancy rights under the Land Reforms Act are heritable, and properties retained joint status despite claims of self-acquisition; prior family admissions regarding property division supported ongoing....
Ancestral property rights cannot be denied based on unilateral claims; co-heirs are entitled to equal shares and must substantiate any exclusive claims with clear evidence.
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
Married daughters are entitled to share in tenanted property as recognized legal heirs under the Karnataka Land Reforms Act, contrary to previous interpretations.
Oral relinquishments of joint family property rights are insufficient without written documentation; statutory rights persist despite prior agreements made by family members.
The court upheld the trial court's rejection of interim applications while allowing one to prevent property alienation, emphasizing the need for a full trial to resolve ownership disputes.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
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