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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
J.M.KHAZI
Kamalabai, W/O Yallappa Kanamadi @ Harijan @ Jolli – Appellant
Versus
Shivappa @ Shivayogi, S/O Mayawwa Kanamadi @Jolli @ Arijan – Respondent
JUDGMENT :
J.M.KHAZI, J.
In this Regular Second Appeal, defendants have challenged the concurrent findings of trial Court and First Appellate Court, by which suit of the plaintiff came to be decreed, granting of 1/2 share in the suit schedule properties.
2. For the sake of convenience, parties are referred to by their ranks before the trial Court.
3. It is the case of the plaintiff that the original propositus Yallappa Holer was the absolute owner of suit schedule properties. He died on 19.01.1946 at Kanamadi.
He was succeed by his daughter Mayawwa and son Kallappa. Plaintiff is the only son of Mayawwa. Kallappa was succeeded by his sons, Yallappa and Sharanappa. Sharanappa died issueless. Defendants are the wife and children of Yallappa. After the death of Yallappa Holer, the names of Mayawwa and Kallappa were entered in the records pertaining to the residential house. However, in respect of the landed property in Sy.No.161/1, only the name of Kallappa was entered behind the back of Mayawwa. Kallappa died during 1957. However, plaintiff and defendants are in joint possession and enjoyment of the suit property.
4. Mayawwa was a rustic villager. She was dedicated as a Devadasi during the
A Devadasi, under customary law, is entitled to inherit property as if she were a son, validating the plaintiff's claim for half share in estate.
Established children, regardless of legitimacy, have equal rights to inheritance under the Hindu Succession Act, 1956, which recognizes prior mutations as binding for determining property shares.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The plaintiff, as the legatee of Lakshmidevamma under the Will, stands in the place of Lakshmidevamma. Lakshmidevamma was entitled to be treated as a regular coparcener of the Hindu joint family orig....
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.
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