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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
Channavva D/o Basappa Parasagond – Appellant
Versus
Parvatevva W/o Dundappa Parasagond – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
1. Though this appeal is listed for admission, with the consent of both the learned counsels, the same is heard and taken up for final disposal.
2. This appeal by the defendants in O.S.No.28/2020 is directed against the impugned judgment and decree dated 06.02.2025 passed by the Senior Civil Judge and JMFC, Bilagi [Hereinafter referred to as “the Trial Court” for short] whereby the said suit filed by the respondents – plaintiffs for partition and separate possession for their alleged share in the plaint schedule immovable properties was decreed in favour of respondents – plaintiffs against the appellants – defendants by the Trial Court.
3. For ease of convenience, the parties are referred to as per their respective rank before the Trial Court.
4. The brief facts giving rise to the present appeal are as under:
Plaintiff No.1 – Smt.Parvatevva is the widow of the Late Dundappa Parasagond, propositus, who undisputedly died intestate on 11.08.2004. Plaintiff No.2 is the only daughter of Smt.Parvatevva and Dundappa, who had three sons Late Basappa, Late Shankrappa and Late Lakshman. The aforesaid Basappa had two wives by name Smt.Rukmavva and Smt.Laxmibai (def
Section 14 of the Hindu Succession Act ensures that joint family property becomes absolute for female heirs, affecting rights in partition cases.
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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 court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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....
Sec. 14 of the Hindu Succession Act provides that any property possessed by a female Hindu becomes her absolute property, regardless of how it was acquired.
Established children, regardless of legitimacy, have equal rights to inheritance under the Hindu Succession Act, 1956, which recognizes prior mutations as binding for determining property shares.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
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