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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.Srishananda
D.V.Ramesh – Appellant
Versus
Annadhana Mallegowda – Respondent
JUDGMENT :
V Srishananda, J.
Heard Sri. Vinaya Keerthy M., learned counsel for appellants, Sri K.G. Sadashivaiah, learned counsel for respondent No.1, who appeared through Video Conferencing and Sri N. Kumaraswamy, learned counsel for respondent No.2, who has filed power for respondent No.2 today.
2. Appeal came to be admitted on the following substantial question of law:
“Whether the First Appellate Court could have reversed the decree of partition in the light of the finding that the suit properties were joint family properties and without considering whether Veerasange Gowda could have executed the will in respect of the entire suit schedule property?”
3. Facts which are utmost necessary for disposal of the present appeal are asunder.
4. A suit for partition came to be filed by the appellants herein against mother, brother and nephew of the mother. Properties involved in the suit are culled out hereunder and hereinafter referred to as suit schedule property.
5. Suit on contest came to be decreed and operative portion of the judgment reads as under:
“The suit of the plaintiffs is hereby Partly decreed with cost.
It is ordered and decreed that, plaintiffs and defendant 2 are entitled for 1
The appellate court must ensure a credible basis for recognizing a will, especially against joint family property claims, failing which its decrees may be reversed.
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 validity of a Will executed by a testator in sound mind is upheld, establishing self-acquisition of property over claims of joint family ownership.
A registered Will, executed in accordance with legal requirements, is valid and can determine the distribution of property, overriding claims for partition based on joint possession.
The court clarified that properties must be inherited or acquired from a joint family nucleus to be classified as ancestral under Hindu law, rejecting claims based solely on joint acquisition.
The court upheld the trial Court's decree for partition, ruling that the alleged Will was not proved, affirming the properties as joint family assets.
legal requirements of proving the Will has been satisfied and the factum of excluding the plaintiff Akha from the properties by the testator is reflected in the Will itself, are sufficiently proved. ....
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