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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Lakshmamma, W/o. Munivenkataswamy, D/o. Late Venkatappa – Appellant
Versus
Narayanamma, W/o G. Gangaiah, D/o. Late Venkatappa – Respondent
JUDGMENT :
H.P. SANDESH, J.
This matter is listed for admission. I have heard learned counsel for the appellant and learned counsel for caveator-respondent No.17.
2. This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.
3. The factual matrix of case of the plaintiff while seeking the relief of partition and separate possession is that suit schedule properties are joint family properties of herself and the defendants.
4. The defendants appeared and filed the written statement contending that defendant No.1 claims that Narayanappa has executed a registered Will in her favour on 23.02.2006. It is also the contention of defendant No.1 that he has sold item No.1 for family benefit and legal necessity in favour of defendant No.6 and in turn, defendant No.6 sold the property in favour of defendant No.9. The Trial Court taking note of pleadings of defendant No.9 also framed additional issue that defendant No.1 executed sale deed in favour of defendant No.6 on 22.03.2013. Thereafter, defendant Nos.6 to 8 have sold item No.2 in his favour on 14.12.2015 and thus, he is a bonafide purchaser of item No.2 and considering the written statement of
Registered Wills have superior evidential value over unregistered ones; proper evidentiary standards must be met for claims of partition.
The burden of proof rests on the party asserting the validity of a Will, which must be established free from suspicious circumstances.
A will that disinherits legal heirs can be deemed invalid if executed under suspicious circumstances, supporting principles of joint family property rights.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
The court reaffirmed that joint family properties cannot be unilaterally declared separate through a Will, especially when surrounded by suspicious circumstances regarding its execution.
The registration of a Will provides assurance of its genuineness, and the absence of reference to a prior Will in a subsequent unregistered Will raises suspicion regarding its validity.
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
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