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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Tarawwa, W/O. Pandappa Galagali – Appellant
Versus
Kasturewwa, W/O. Timmanna Patil – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal by defendant Nos.1 to 3 in O.S.No.200 of 2018 is directed against the impugned judgment and decree dated 19.03.2021 passed by the Additional Senior Civil Judge and JMFC, Mudhol, [Hereinafter referred to as “the Trial Court for short.,] whereby, the said suit filed by respondent No.1 and 2/plaintiffs against the appellants/defendant Nos.1 to 3 and respondent Nos.4 and 5/defendants No.4 and 5 for partition and separate possession of their alleged share in the suit schedule immovable properties was decreed by the Trial Court in favour of the plaintiffs against the defendants.
2. For the purpose of convenience, the parties are referred to by their respective ranks before the Trial Court.
3. Briefly stated, the facts giving rise to the present appeal are that plaintiffs are the daughters of late Pandappa Galagali and Tarawwa (defendant No.1) and defendant No.2 is the brother of the plaintiffs and only son of Pandappa Galagali and Tarawwa. It is an undisputed fact that the original propositus Pandappa Galagali died intestate on 12.04.2018, leaving behind his wife Tarawwa (defendant No.1) and Kallappa (defendant No.2) as well as two daughters (pla
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
Joint family properties are to be shared equally among heirs, with issues of loans and expenses addressed in final decree proceedings.
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
A suit for partial partition without including all necessary parties and joint family properties is not maintainable under the Hindu Succession Act.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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