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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Mallamma, W/o Neelkanthrao Since Deceased By Lrs Bassamma – Appellant
Versus
Rajshekhar, S/o Late Neelkanthrao – Respondent
JUDGMENT :
SHIVASHANKAR AMARANNAVAR, J.
This appeal is filed by defendants No.1 to 3 praying to set-aside the judgment and decree dated 21.03.2012 passed in R.A.No.143/2004 by the Fast Track Court – II, Bidar confirming the judgment and decree dated 30.06.2004 passed in O.S.No.52/1995 by the Prl. Civil Judge (Sr. Dn), Bidar.
2. The appellants No.1 to 3 were defendants No.1 to 3 and respondents No.1 to 4 were plaintiffs No.1 to 4 in O.S.No.52/1995.
3. The case of the plaintiffs as averred in the plaint is that plaintiff No.1 is the son and other plaintiffs are the daughters born to late – Sri. Neelkanthrao through his legally wedded wife namely Smt. Neelamma wife of Neelkanthrao now deceased. The father of the plaintiffs namely Neelhanthrao and plaintiff No.1 were joint owners in possession of the ancestral lands Sy.No.51 measuring 21 acres 01 gunta now entered in the ROR as Sy.No.51/A measuring 10 acres 28 guntas R.A. of Rs.11.75 paise and Sy.No.51/2AA measuring 10 acres 28 guntas R.A. of Rs.11.74 paise and Sy.No.89 entirely measuring 28 acres 01 gunta now entered in the ROR as Sy.No.89/A measuring 14 acres 01 gunta of R.A. Rs.35-4 paise and Sy.No.89/AA measuring 14 acres R.A. of Rs.35
Partition rights established through valid public documents can negate claims based on later, disputed wills; the court upheld prior partitions and addressed issues of inheritance rights arising from....
The court upheld the presumption of joint family property, ruling that no valid partition had been established, thus entitling the plaintiffs to their shares.
Joint family property is presumed until proven otherwise; prior partition must be established by metes and bounds to be valid.
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Registered wills are presumed valid unless substantial evidence proves otherwise; the burden lies on contesting parties to show defects in execution or suspicious circumstances.
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
The presumption of joint family property necessitates proof of individual ownership; without such proof, a child has a right to claim share in ancestral property.
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