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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
R.DEVDAS, B.MURALIDHARA PAI
Manjula W/o Shankarappa Majjigi – Appellant
Versus
Pramila W/o Maheshappa Halabhavi – Respondent
| Table of Content |
|---|
| 1. factual background of partition suit (Para 1 , 3 , 4 , 8) |
| 2. legitimacy of children born during marriage (Para 10 , 18 , 22) |
| 3. counsel's arguments regarding evidence and legitimacy (Para 11 , 12 , 13 , 19) |
| 4. court's observations on legal interpretations (Para 14 , 15 , 16 , 20 , 21 , 26 , 28) |
| 5. judgment and final orders (Para 29 , 30 , 31) |
JUDGMENT :
B. MURALIDHARA PAI, J.
1. Defendant Nos. 3 to 7 in O.S. No. 292/2018, on the file of the learned III Additional Senior Civil Judge and JMFC, Ranebennur, have preferred this Regular First Appeal challenging the judgment and decree dated 17.04.2021 passed therein and have sought dismissal of the said suit by allowing this appeal.
2. The parties to this appeal are referred herein with their original ranking before the trial court.
3. The plaintiff namely Smt. Pramila, instituted the suit in O.S. No. 292/2018 seeking partition and separate possession of her 1/3rd share in the schedule properties comprising of total 16 items of properties situated at Halageri Village in Ranebennur Taluk. It was her contention that the schedule properties are the ancestral and undivided joint family properties and the properties acquired from th
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
The court established that there is no presumption of joint ownership in family properties, and the burden of proof to establish such claims lies with the party alleging joint ownership.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Daughters became coparceners under Hindu Succession (Tamil Nadu Amendment) Act, 1989, allowing them equal rights in joint family properties.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
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