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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Anwar Khan, S/o. Late Bahaddur Khan – Appellant
Versus
Mahaboob Khan, S/o. Late Sri Abdul Basheer Khan – Respondent
JUDGMENT :
(ASHOK S. KINAGI, J.)
This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 08.01.2013 passed in RA.No.676/2011 by the Presiding Officer, Fast Track Court, Mysore and the judgment and preliminary decree dated 25.10.2010, passed in O.S.No.807/2008 by the learned III Additional I Civil Judge, Junior Division and JMFC, Mysore.
2. For convenience, parties are referred to based on their ranking before the Trial Court. Appellant was defendant No.1, respondent Nos.1 to 16 were the plaintiffs and respondent Nos.17 and 18 were the other defendants.
3. Brief facts leading rise to the filing of this appeal are as follows:
The plaintiffs filed the suit against the defendants for partition and separate possession. It is the case of the plaintiffs that one late Bahadur Khan, had 8 children i.e., 4 sons and 4 daughters and the suit schedule properties were owned and possessed by late Bahadur khan and the plaintiffs and defendants are the tenants in common. Bahadur Khan was died in 1956 leaving behind his children and there is no partition in respect of suit schedule properties between the plaintiffs and the defendants. The plaintiffs demanded partiti
The rejection of an application for additional evidence in a partition suit is appropriate when it serves to fill a lacuna rather than addressing substantial claims of ownership.
Unregistered relinquishment deeds lack legal efficacy in partition claims, and clear admissions in pleadings bind parties, negating further claims to share in property.
[A relinquishment deed must be registered to be admissible in evidence, and the absence of such a deed undermines claims of ownership or relinquishment of property rights.]
The relinquishment of property rights does not bar inheritance unless exercised during the transferor's lifetime under Section 43 of the T.P. Act.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
The Hindu Succession (Amendment) Act, 2005 grants daughters co-parcener status from birth, making any prior relinquishment of rights invalid for partition claims.
Inheritance rights under the Hindu Succession Act, 1956, hinge on the proper execution of relinquishment deeds.
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