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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
HANCHATE SANJEEVKUMAR
Govind S/O Narahari Pai – Appellant
Versus
Saraswati Bai W/O Shrinivas Pai (Since Deceased By Lrs) – Respondent
JUDGMENT :
Regular First Appeals in RFA No.4032/2012 is filed by defendant Nos.2 and 3 and RFA No.4055/2012 filed by defendant No.5 and RFA No.4056/2012 filed by defendant No.4 challenging the judgment and decree dated 17.01.2012 passed in O.S.No.278/2003 on the file of I Additional Senior Civil Judge, Belgaum, hereinafter referred to as ‘the Trial Court’ for short, thereby, the suit filed by the plaintiff for partition, possession and mesne profit is decreed with effect that the plaintiff is entitled for ½ share in the suit schedule properties. Further, the decree is to the effect that the sale deeds executed by defendant No.1 dated 18.11.1991, 19.11.1991, 19.11.1991, 19.11.1991, 19.03.1993, 19.03.1993, 16.02.1997 and 08.09.2003 are not binding upon the plaintiff’s legitimate share.
2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.
PLAINT:
3. It is the case of the plaintiff as per averments in the plaint that one Anant Mukund Shanbhag is the original propositus. Defendant No.1 is his wife and plaintiff is the only daughter of Anant Mukund Shanbhag and defendant No.1. Anant Mukund Shanbhag given education and pe
The right of a daughter to a share in paternal property as a legitimate heir is reaffirmed, irrespective of marriage status, under Section 8 of the Hindu Succession Act, 1956.
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 partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
Daughters have equal rights to inherit family property under the Hindu Succession Act, regardless of their marital status or the timing of their birth relative to the Act's enactment.
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