IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Anasuya W/o Late Parmeshwar Katke – Appellant
Versus
Chandrakala W/o Ganapath Paul – Respondent
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
1. The appellants/defendant Nos.1 to 4 have filed this appeal challenging the Judgment and decree dated 09.09.2019 passed in O.S.No.150/2016 by the Principal Senior Civil Judge, Kalaburagi.
2. Cross Objections are filed by the respondent Nos.2 to 5/plaintiff Nos.2 to 5, praying to allot 1/7th share to each of them in the suit schedule ‘A’ and ‘B’ house properties as against 1/14th share to each allotted by the trial Court.
3. The appellants are defendant Nos.1 to 4, respondent Nos.1 to 5 are plaintiff Nos.1 to 5 and respondent No.6 is the defendant No.5 in O.S.No.150/2016. The plaintiffs had filed the said suit claiming share in the following suit schedule A, B and C properties.
(a) House bearing Corporation No.2-35 and P.I.D.No.42528;
(b) House bearing Corporation No.2-36 & P.I.D. No.42529, both situated at main road, Jagat, Kalaburagi;
(c) Land bearing Sy.No.124/4 measuring 3 acres 32 guntas with R.A. of Rs.2-00, situated at Gobbur (B), Tq. Afzalpur, district Kalaburagi.
4. It is the case of the plaintiffs that, the deceased Parameshwara and defendant No.5 are the children of one Ganapathrao S/o. Narasinghrao and Sharanubai. The said Ganapathrao d
Daughters are entitled to equal shares with sons in ancestral properties, as established by recent judicial pronouncements affirming their coparcener rights.
Legal heirs, including daughters, are entitled to equal shares in ancestral properties, as affirmed by recent Supreme Court precedent.
Married daughters are entitled to a share in joint family properties, and their marital status does not negate their legal rights to inheritance as established by the Hindu Succession Act.
In matters of inheritance in joint family properties, ancestral status prevails unless a valid Will is presented; thus, equitable shares must be allocated accordingly.
A coparcener in a joint family is entitled to an equal share in ancestral properties, and mere changes in revenue records do not confer absolute title.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
Daughters are entitled to equal share in ancestral joint family property under Sec. 6 of the Hindu Succession Amendment Act 2005.
Daughters are entitled to equal coparcenary rights in inherited family property under Section 6 of Hindu Succession Act, 1956.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The mother of a deceased Hindu male is a Class-I heir and entitled to a share in the property left by the deceased. Her legal heirs are also entitled to a share after her death.
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