Back
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
R. DEVDAS, B. MURALIDHARA PAI
Sharanavva, W/o. Mudakanagouda Goudra – Appellant
Versus
Sharanagouda, S/o. Mudakanagouda Goudra – Respondent
JUDGMENT :
R.DEVDAS, J.
These two regular first appeals are filed at the hands of the defendants in O.S. No. 62/2015 and the counter claim raised at the hands of the defendants in the same suit, being aggrieved of the impugned judgment and decree passed by the learned Senior Civil Judge & JMFC, Ron.
2. For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial Court.
3. The suit is filed by the three children of Mudukanagouda and his alleged wife Smt.Nimbavva against defendant No.1 Smt. Sharanavva who claims to be the first wife of Sri Mudukanagouda and against defendant No.2, the purchaser and brother of defendant No.1, seeking a declaration that the plaintiffs are the full owners of the suit schedule properties and consequently injunct the defendants from interference with the suit schedule property; further to declare the sale deeds executed by defendant No.1 in favour of defendant No.2 in respect of items No.1, 2 and 3 of the suit schedule property as void and not binding on the share of the plaintiffs; further to declare that the plaintiffs along with defendant No.1 have 1/5th share each in the suit schedule properties.
4. It is the con
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
The court affirmed the rights of daughters as coparceners in ancestral properties under amended Hindu Succession Act, allowing them equal shares alongside sons.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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....
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
The court ruled that the plaintiffs' claims over certain properties were invalid due to prior sales, emphasizing the necessity of declarations regarding property ownership in joint familial contexts ....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
