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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Veeramma, W/O. Channabasayya Hiremath – Appellant
Versus
Veerabhadrayya, S/O. Shivayogayya Hiremath – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
All these appeals arise out of the impugned judgment and decree dated 14.12.2021 passed in OS No.58/2012 by the I Additional Senior Civil Judge and JMFC, Bagalkote (for short, ‘the Trial Court’).
2. The plaintiff is the daughter of late Shivayogayya and Girijavva who had one more son Veerabhadrayya (defendant No.1 herein). The defendant Nos.2 and 3 are the children of defendant No.1. It is an undisputed fact that Shivayogayya expired on 05.08.1999 and his wife Girijavva had predeceased in the year 1988 and left behind the plaintiff and defendant No.1 to succeed as their legal representatives.
3. The plaintiff instituted the aforesaid suit for partition and separate possession against her brother Veerbhadrayya (defendant No.1), and his children who arrayed as defendant Nos.2 and 3. The suit schedule properties comprised of four items of immovable properties. The defendant Nos.4 and 6 are purchasers of item No.1 of the suit schedule properties vide registered sale deeds dated 11.11.2022 (13.11.2022) and 18.12.2002 executed in their favour by defendant No.1. The defendant No.5 is the wife of defendant No.4 who executed a relinquishment deed in respect of
The court affirmed a daughter's equal right to inheritance, emphasizing the stringent burden of proof on claims of prior oral partition under the amended Hindu Succession Act.
Joint family property retains its character unless proven otherwise; sales by co-parceners without all parties' consent do not extinguish shared rights.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
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....
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
The main legal point established in the judgment is that the burden of proof lies on the party claiming a prior partition, and in the absence of documentary evidence, unchallenged evidence of the opp....
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....
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