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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Jayamma, Wife Of Nagaraj – Appellant
Versus
Basamma, Wife Of Late Boregowda – Respondent
JUDGMENT :
V. SRISHANANDA, J.
Heard Sri M.C.Jayakirthi and Sri V.Vinay Raghavendra, learned counsel for the parties.
2. Plaintiffs in O.S.No.196/2009 on the file of the II Civil Judge and JMFC, Mysuru, are the appellants in RSA No.269/2022. Defendant Nos.5 and 6 in the said suit have preferred RSA No.573/2021.
3. Parties are referred to as plaintiffs and defendants for the sake of convenience.
4. Facts of the case in brief which are utmost necessary for disposal of the present Second Appeals are as under:
The plaintiffs and defendant Nos.2, 3 and 4 are the children of defendant No.1-Basamma and late Boregowda. Defendant Nos.5 and 6 are the children of defendant No.3- Puttaraju. After the death of Kapanigowda, late Boregowda who is the husband of defendant No.1-Basamma inherited the properties detailed below hereinafter referred to as ‘suit properties’.
(i) Land bearing Sy No.111 measuring 2 acre 18 guntas (now in Sy No.111/1 measuring 2 acres 15 guntas, and in Sy.No.111/2 measuring 3 guntas) situated at Kalluru Naganahalli village, Yelwala Hobli, Mysore Taluk, bounded on:
East by: Land of Yedalli Gowdappa,
West by: Road,
North by: Lands of Yedalli Naganna,
South by: Channel.
(ii) Land bearing
Daughters are entitled to equal shares in ancestral property as coparceners under Hindu law, and claims of oral partition require substantial evidence to be accepted.
The amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
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