The court determined that properties acquired through gift and sale are self-acquired and not joint family properties, granting the plaintiff an entitlement of 2/6th share.

JUDGMENT :

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed impugning the judgment and decree dated 16.01.2015 passed in OS.No.29/2011 instituted by plaintiff - Smt. Leelavathi T.R. herein respondent No.1 in the present appeal seeking a partition of the suit schedule properties (39 in number). One Rajashekharaiah married Rudranamma and Sarvanamma, two real sisters. The plaintiff is the daughter born through second wife of Rajashekharaiah named Smt. Sarvanamma, who is defendant No.1 in this suit. Two sons and one daughter namely T.R. Shivaprakash, T.R. Divakara and Smt. T.R. Rathnakumari, were born from the first wife namely Smt. Rudranamma. The Rajashekharaiah died in the year 1960. Smt. Rudranamma had died around 10 years prior to institution of the suit by the plaintiff. The father of Smt. Rudranamma and Smt. Sarvanamma was Mr. Nanjappa Shetty. Mr. Nanjappa Shetty had registered a gift deed in favour of his two daughters namely Smt. Rudranamma and Smt. Sarvanamma in respect of the suit schedule in Item Nos.1 to 7, 9 to 12 and 14 and 15. The registered gift deed is dated 21.08.1962 marked as Ex-D20.

2. It is not in dispute that the suit schedule properties in Item Nos.17 to 19 are the ancestral property of late Rajashekharaiah. The defendants have unequivocally said that they had no objection of the said properties being partitioned between all the legal heirs of late Rajashekharaiah.

3. The suit schedule properties in Item Nos.8, 13 and 16 were acquired jointly by Late Rudranamma and Smt. Sarvanamma by the registered sale deed dated 22.09.1966 (EX-D21). A registered partition between Smt. Rudranamma and Smt. Sarvanamma and two sons of Smt. Rudranamma, namely T.R. Shivaprakash and T.R. Divakara took place on 27.11.1978 (Ex-P53) in respect of the properties acquired by Smt. Rudranamma and Smt. Sarvanamma, through registered gift deed and registered sale deed (Ex-D20 and D21). Smt. Rudranamma and Smt. Sarvanamma had also executed a registered Will dated 27.11.1978 bequeathing all their properties in favour of T.R. Shivaprakash and T.R. Divakara. The registered Will and the registered partition deed in the same month i.e., 24.09.1978 and 27.09.1978, respectively.

4. The trial Court after considering the pleadings between the parties had framed following issues for determination:

"1. Whether plaintiff proves that the suit schedule properties are the ancestral and joint family properties of her and the defendants?

2. Whether the plaintiff is entitled for 1/5^th share in all the suit schedule properties?

3. Whether the plaintiff proves that the registered partition deeds dated:24-11-1978 and 05-02-1999 are not binding on her share?

4. What is the annual income of the suit schedule properties?

5. Who is liable to render account in respect of suit schedule properties?

6. What order or decree?

5. The dispute is only in respect of the suit schedule properties i.e., Item Nos.1 to 16. As mentioned above, the suit schedule properties in Item Nos.1 to 7, 9 to 12 and 14 and 15 had been acquired jointly by Smt. Rudranamma and Smt. Saravanamma from their father through a registered gift deed dated 21.08.1962 (Ex-D20). The registered sale deed and registered gift deed are not in dispute. The trial Court has not recorded any findings regarding the legality or otherwise of the registered gift deed (Ex-D20) and registered sale deed (Ex-D21). Once the suit schedule properties in Item Nos.1 to 7, 9 to 12 and 14 and 15 were gifted by late Nanjappa Shetty in favour of his daughters, through registered gift deed, those properties became the self-acquired property of Smt. Rudranamma and Smt. Sar