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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
G.BASAVARAJA
Satteppa S/o Ramappa Kumbar – Appellant
Versus
Mallawwa W/o Sangappa Kumbar – Respondent
JUDGMENT :
G. BASAVARAJA, J.
1. Appellants, who are the legal representatives of Satteppa, being defendants 1(a) to 1(e), have preferred this appeal against the judgment and decree dated 26th February 2020 passed in OS No.22 of 2017 by the Additional Civil Judge & JMFC, Jamkhandi (for short “the trial Court”) which in appeal, before the Additional Senior Civil Judge, Jamakhandi (for short “the first appellate Court”) in RA No.14 of 2020 is allowed in part by judgment and decree dated 5th August, 2021.
2. For the sake of convenience, the parties herein are referred to as per their status and rank before the trial Court.
3. Brief facts leading to this appeal are that the plaintiff has filed suit for partition and separate position of the suit property. Propositus-Ramappa died on 15th May, 1970 and his wife Bhagawwa is also no more. They had three sons, viz. Sathyappa (D1), Bhimappa (D3) and deceased Sangappa, who died on 1st August, 2006, leaving behind legal heirs i.e. plaintiffs 1 to 7. Defendant No.2 is the son of defendant No.1. After demise of propositus-Ramappa, their names were mutated in the revenue records and they constitute the joint family. The names of three sons were mutate
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In property disputes, all sharers must be joined as necessary parties to ensure valid adjudication of rights, as established in the judgment.
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.
Amendment to the Hindu Succession Act grants daughters equal rights to inheritance in coparcenary properties, which necessitates modification of prior partition decrees that fail to account for such ....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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.
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