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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.KRISHNA KUMAR, C.M.POONACHA
Ramesh S/o. Gurupadappa @ Gurappa Navi – Appellant
Versus
Girewwa W/o. Shekappa Bagewadi – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal by the defendants in O.S. 95/2015 is directed against the impugned judgment and decree dated 12.06.2019 passed by the Principal Senior Civil Judge and JMFC, Mudhol[Hereinafter referred to as “the Trial Court” for short] whereby, the said suit filed by the respondents - plaintiffs against the appellants - defendants 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 respondents against the appellants.
2. The appellants are the brother and sister of the respondent Nos.1 and 2, all of them being the children of Late Gurupadappa @ Gurappa Basappa Navi and Late Neelawwa. The relationship between the parties is not in dispute.
3. For the purpose of convenience, the parties are referred to as per their respective ranks before the Trial Court.
4. The plaintiffs instituted the aforesaid suit against the defendants for partition and separate possession of their alleged share in the suit schedule properties comprising of the following 4 items of immovable properties.
“Description of the suit properties
A. Landed Properties i. R.S.No.214/1 measuring 08Acre-
Joint family properties are to be shared equally among heirs, with issues of loans and expenses addressed in final decree proceedings.
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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....
In a suit for partition, all necessary parties and joint family properties must be included. If the suit is incomplete, the court should defer the judgment and allow the plaintiff to include the omit....
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
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