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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
R.K. Saraswati Bai – Appellant
Versus
Ushabai W/o Late Govindaraju – Respondent
JUDGMENT :
D.K. SINGH, J.
1. The present first appeals arise out of the judgment and decree passed by the learned Principal Senior Civil Judge, Bangalore Rural District, Bangalore, dated 13.09.2017 in O.S.No.697/2014, filed by the appellants.
2. The appellants are the two daughters of Mr. G. Shamarao and Smt. Rathnabai. Mr. G. Shamarao had acquired the schedule properties and there is no dispute that the schedule properties are the self-acquired properties, comprising of 05 Acres 23 Guntas in Sy.No.198, out of which, 01 Acre was converted for non- agricultural purposes situated at Sommanhalli, Bangalore South Taluk. G. Shamarao died in the year 1955, i.e. before the Hindu Succession Act, 1956, enacted, and much before all its provisions came into force. Smt. Rathnabai died in the year 1984. G. Shamarao was survived by his wife, eight daughters including the two plaintiffs and son Govindaraju. Only two daughters, i.e. the plaintiffs were unmarried when G. Shamarao died. One plaintiff, viz. R.K. Saraswathi Bai got married on 28.04.1961, whereas, the other plaintiff Smt. Sakku Bai got married on 26.04.1959.
3. The two plaintiffs had filed a suit claiming partition of the schedule land whi
The succession to self-acquired property of a Hindu male dying intestate primarily devolves on male heirs, excluding female relatives unless no male issue exists.
The plaintiff, as the legatee of Lakshmidevamma under the Will, stands in the place of Lakshmidevamma. Lakshmidevamma was entitled to be treated as a regular coparcener of the Hindu joint family orig....
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
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.
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