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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Hanchate Sanjeevkumar
Ashok Girimallappa Koti @ Koti Ashok, S/O Girimallappa – Appellant
Versus
Mangala Madhusudhan Katke @ Radhika M. Katke, D/O Gurappa Basappa Ghodke – Respondent
JUDGMENT :
Hanchate Sanjeevkumar, J.
RFA No.100182/2017 is filed by the appellant/defendant No.1 challenging the judgment and decree dated 25.01.2017 passed in O.S.No.366/2014 by II Addl. Senior Civil Judge, Hubballi, thereby, the suit filed for partition is decreed.
RFA Crob. No.100009/2024 is filed by plaintiff Nos.1 and 2 and defendant Nos.10 and 13 (daughters) challenging the aforesaid judgment and decree, so far as not granting equal share as that of sons.
2. The parties are referred to as per their ranking before the trial Court for convenience and easy reference.
3. The brief facts of the case are that:
PLAINT:
Original propositus late Gurappa S/o Basappa Ghodke and his wife late Smt.Malanabai Gurappa Ghodke died intestate leaving behind four sons and six daughters by name Sri Mohan Gurappa Ghodke (defendant No.2), late Sri Devaraj Gurappa Ghodke (father of defendants 6 to 9), Sri Dayanand Gurappa Ghodke (defendant No.3), Sri Rajendra Gurappa Ghodke (defendant No.4), Smt.Kamalabai (defendant No.10), Smt. Kasturibai (defendant No.11), Smt.Kumudini (defendant No.12), Smt.Sadhana (plaintiff No.2), Smt. Vandana (defendant No. 13), Smt. Mangala (plaintiff No. 1) as their legal heirs. Th
The court affirmed the rights of daughters as coparceners in ancestral properties under amended Hindu Succession Act, allowing them equal shares alongside sons.
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 main legal point established in the judgment is the entitlement of daughters to claim partition in coparcenary property under the amended Section 6 of the Hindu Succession Act, 1956, as per the l....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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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