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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
R.DEVDAS, B. MURALIDHARA PAI
Channayya S/O. Irayya Pujar – Appellant
Versus
Shakuntala W/O. Shankarayya Pujar – Respondent
| Table of Content |
|---|
| 1. family genealogy and share distribution in property (Para 1 , 2 , 3) |
| 2. arguments regarding appropriate parties and share claims (Para 4 , 5 , 6) |
| 3. need for reconsideration and remand of the case (Para 7 , 8) |
| 4. order for amendment and clarification of claims (Para 9) |
| 5. final directions and entitlements (Para 10 , 11 , 12) |
JUDGMENT :
R.DEVDAS, J.
These two regular first appeals arise out of the Judgment and Decree dated 22.01.2020 passed in O.S. No.186/2013 on the file the learned Principal Senior Civil Judge and CJM, Dharwad (for short, ‘the trial Court’). Therefore, both these appeals are clubbed, heard together and are disposed of by this common Judgment.
2. For the sake of convenience the parties herein shall be referred to in terms of their rankings before the trial Court.
3. As per the description and the genealogy tree given by the plaintiff-Smt.Shakuntala, the propositus of the family is Sri Parayya Channayya Pujar, who had two sons by name Irayya and Gurusiddayya. Irayya and his wife-Gangavva had four children, while Gurusiddayya had three children including the plaintiff-Shakuntala. The plaintiff sought for 1/4th share in all the suit schedule properties. It i
Necessary parties must be included in legal proceedings; amendments to pleadings allowed to ensure fair adjudication.
The main legal point established in the judgment is that the burden of proof lies with the parties claiming a partition, and without convincing evidence, the court may decree the suit in favor of the....
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
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.
Daughters have equal rights as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
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