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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Sou Pushpa Parashram Marihalkar – Appellant
Versus
Neminath, S/O. Mahaveer Padmannavar – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal by defendant No.2 in OS No.243/2010 is directed against the impugned judgment and decree dated 24.04.2018 passed by the Principal Senior Civil Judge and C.J.M., Belagavi (for short, ‘the Trial Court’), whereby the said suit filed by the respondent Nos.1 and 2/plaintiffs against the appellant, respondent Nos.3 and 4, who are the defendant Nos.2, 1 and 3 respectively before the Trial Court, for partition and separate possession of the plaintiffs’ alleged 1/3rd share in the suit schedule immovable property, was decreed in favour of the plaintiffs against the defendants.
2. For the purpose of convenience, the parties are referred to as per their respective ranks before the Trial Court.
3. The plaintiffs are the sons of defendant No.1- Mahaveer and defendant Nos.2 and 3 are purchasers of the suit schedule immovable property from defendant No.1, vide registered sale deeds dated 24.08.2006 and 16.08.2007. The plaintiffs instituted the aforesaid suit inter alia contending that in the year 1951 there was a partition between the grandfather of the plaintiffs by name Kugappa and his brother Parisappa, in which the total extent of land bearing RS No.84
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 ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
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 court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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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