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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Shivashankar Amarannavar
Gouramma, W/o Late Bheemraya – Appellant
Versus
Amaramma, W/o Hanumanthraya @ Doddanna – Respondent
JUDGMENT :
Shivashankar Amarannavar, J.
This appeal is filed by appellants –defendants Nos.1 to 8 praying to set aside the judgment and decree dated 25.09.2019 passed in RA No.56/2012 by First Additional District and Sessions Judge, Raichur (hereinafter referred to as “first appellate Court” for brevity) and judgment and decree dated 06.09.2012 passed in O.S.No.3/2008 by the Additional Senior Civil Judge and JMFC-I, Devadurga and consequently dismiss the suit of plaintiffs.
2. Plaintiff Nos.1 and 2 have filed suit in O.S.No.3/2008 against defendants Nos.1 to 8 (appellants Nos.1 to 8) for relief of partition and separate possession of their shares in suit properties. Plaintiffs have contended that plaintiff Nos.1 –Amaramma is wife and plaintiff No.2 – Shivakanthamma @ Shivakanthi is daughter of late Shivanna son of Bheemraya and Smt Gouramma - defendant No.1. The said Shivanna has brother by name Siddanna -defendant No.2 and wife Gundamma -defendant No.3 and five children -defendant Nos.4 to 8. Plaintiffs have contended that Shivanna died leaving behind plaintiff Nos.1 and 2 as legal heirs. Plaintiffs contended that suit scheduled properties are ancestral properties of Shivanna and Sid
Legal heirs, including daughters, are entitled to equal shares in ancestral properties, as affirmed by recent Supreme Court precedent.
Daughters are entitled to equal shares with sons in ancestral properties, as established by recent judicial pronouncements affirming their coparcener rights.
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 coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
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 joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
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