Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
M Muniyappa Since Deceased By Lrs. – Appellant
Versus
Saraswathamma W/o Late Ramakrishnappa – Respondent
JUDGMENT :
ASHOK S.KINAGI, J.
This Regular Second Appeal is filed by the legal representatives of the deceased plaintiff challenging the judgment and decree dated 19.09.2015 passed in R.A.No.181/2003 by the learned VII Additional District and Sessions Judge, Bangalore Rural District, Bangalore, and the judgment and decree dated 23.07.2003 passed in O.S.No.182/1995 by the learned Additional II Civil Judge (Jr. Dn.), Bangalore Rural District, Bangalore.
2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the legal representatives of the deceased plaintiff, and the respondents were the defendants.
3. Brief facts, leading rise to the filing of this appeal, are as follows:
The plaintiff filed a suit against the defendants for partition and separate possession, contending that the suit schedule properties were acquired by the plaintiff’s father in the partition entered into between him and his brothers and the suit schedule properties were the ancestral properties of the family of the plaintiff. The plaintiff and his father were the members of the Hindu joint family and no partition is effected. It is contended that the plaintif
A father cannot bequeath his son's share in ancestral property as per Hindu Succession Act, 1956, Section 30.
A partition suit must prove ancestral status of properties; claims of prior partition require corroborative evidence, which was insufficient in this case.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
The First Appellate Court is required to provide a reasoned judgment addressing all issues, and failure to do so constitutes a ground for setting aside its decision.
A decree against a minor represented by a negligent guardian is voidable, mandating reconsideration to uphold principles of natural justice.
The mother of a deceased Hindu male is a Class-I heir and entitled to a share in the property left by the deceased. Her legal heirs are also entitled to a share after her death.
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
