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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Yashoda, W/o. Siddlingappa – Appellant
Versus
Guddappa, S/o. Rudrappa Kayakada – Respondent
| Table of Content |
|---|
| 1. establishment of familial relations and initial claims. (Para 3 , 4 , 5 , 6) |
| 2. evidence submitted for substantiating claims of joint ownership. (Para 10 , 11 , 12) |
| 3. court’s acknowledgment of properties as joint family, dismissal of defendant claims. (Para 18 , 19 , 20) |
| 4. direction to follow updated statutory provisions for daughters' inheritance. (Para 25 , 26) |
| 5. final ruling to grant equitable distribution of property shares. (Para 28 , 29) |
JUDGMENT :
Heard Sri V.B.Siddaramaiah, learned counsel for the appellants.
2. Present appeal came to be admitted to consider the following substantial question of law:
“Whether both the Courts have committed an error in granting 1/15th share instead of 1/5th share?”
3. Appellants are the daughters of common propositus Rudrappa Kayakada who are the sisters of respondent Nos.1 and 2. They filed a suit for partition in O.S.No.471/2011 on the file of the Addl. Civil Judge, Davanagere, against the respondents who are the defendants.
4. Appellants claimed that they are having equal share in the suit schedule properties and their demand for equal share had been denied by the defendants. The suit properties are described as under:
SCHEDULE
Daughters are entitled to equal coparcenary rights in inherited family property under Section 6 of Hindu Succession Act, 1956.
Daughters have equal coparcener rights in ancestral property under the Hindu Succession (Amendment) Act, 2005.
Married daughters are entitled to a share in joint family properties, and their marital status does not negate their legal rights to inheritance as established by the Hindu Succession Act.
In matters of inheritance in joint family properties, ancestral status prevails unless a valid Will is presented; thus, equitable shares must be allocated accordingly.
A coparcener in a joint family is entitled to an equal share in ancestral properties, and mere changes in revenue records do not confer absolute title.
Amendment to the Hindu Succession Act grants daughters equal rights to inheritance in coparcenary properties, which necessitates modification of prior partition decrees that fail to account for such ....
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
Daughters are entitled to equal shares in ancestral property per the amended Hindu Succession Act, 2005.
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