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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
SACHIN SHANKAR MAGADUM, J, G. BASAVARAJA
Annadaneshgouda S/o Basanagouda Patil – Appellant
Versus
Vanishree Alleged D/o Basanagouda Patil – Respondent
JUDGMENT :
SACHIN SHANKAR MAGADUM, J.
1. The captioned appeal in RFA.No.100168/2016 is filed by defendant Nos.1 to 4 challenging the judgment and decree passed by the trial Court in O.S.No.36/2009. Defendant No.5 has filed cross appeal in RFA.Crob.No.100018/2022 to modify the judgment and decree by holding that the decree passed in O.No.36/2009 is not binding upon him and to further declare that defendant No.5 is the owner of suit schedule I properties.
2. The facts leading to the case are as under:
The suit properties described in Schedule II and III are admittedly the properties of Basanagouda, son of Sidaramagouda Patil, a resident of Holehadagalli village. Plaintiff No.2 claims to be the legally wedded wife of Basanagouda. The plaintiffs contend that Plaintiff No.1 and Defendants No.6 to 8 are the children born out of the wedlock of Basanagouda and Plaintiff No.2.
The plaintiffs have asserted that the property described in Schedule I originally belonged to Rudramma, the mother of Basanagouda. They contend that Defendant No.5, who claims title over Schedule I property, had instituted a suit in O.S.No.58/1990 and obtained a decree in his favour. The plaintiffs alleged that Defendant N
The court ruled that absent a valid Hindu marriage, children cannot inherit under Hindu law, as established by Sections 16(3) of the Hindu Marriage Act and 3(1)(j) of the Hindu Succession Act.
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
Recognition of 'No Marriage' between parties of different religions precludes rights to property succession, emphasizing strict adherence to marriage laws under Hindu Succession Act, 1956.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Children born of void marriages under Hindu law cannot claim rights to ancestral property during the father's lifetime, preventing partition claims until after the father's death.
Children born from a void marriage have no rights to ancestral property during the lifetime of their parents, as established under Sections 5, 11, and 16 of the Hindu Marriage Act.
Illegitimate children are entitled to inherit the property of their parents under Section 16 of the Hindu Marriage Act, 1955, and are to be treated as legitimate for succession purposes.
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
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