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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M.JOSHI
Sharadabai W/o. Fakkirappa Jorapur – Appellant
Versus
Anand S/o. Gopal Jorapur – Respondent
| Table of Content |
|---|
| 1. factual background of joint family and property acquisition. (Para 2 , 3) |
| 2. arguments regarding joint property and res judicata. (Para 10 , 11) |
| 3. observations on the concept of joint family property. (Para 15 , 19) |
| 4. final conclusion on the joint acquisition of properties. (Para 24 , 25) |
| 5. final order dismissing the appeal. (Para 28 , 29) |
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
This appeal arises out of the concurrent findings of the Trial Court and the First Appellate Court in O.S.No.185/2006 dated 06.03.2009 and R.A.No.62/2009 dated 18.01.2013 whereby the suit filed for partition came to be decreed.
2. The factual matrix that is necessary for the purpose of this appeal may be summarized as below:
a) The plaintiffs and the defendants are the descendents of one Dyamappa Jorapur. The family pedigree as depicted, which is not in dispute is as below:
3. The case of the plaintiffs as per the pleadings is as follows:
a) The defendant No.1 happens to be the wife of Fakirappa, who was the first son of Dyamappa. Fakirappa had his first wife Sitabai, who is no more. Fakirappa and his first wife Sitabai and second wife-defendant No.1 were issueless. The brother of Fak
The burden of proof to establish property as self-acquired rests on the party asserting so, once a joint family nucleus is established, underscoring the necessity of evidence to support claims.
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
The presumption of joint family property does not apply if the property is proven to be self-acquired; the burden of proof lies on the claimant of joint family property.
In a partition suit, the burden of proving that property standing in an individual's name is joint family property lies upon the party asserting it, requiring proof of a sufficient ancestral nucleus.....
The joint family property principles affirmed the entitlement of daughters to equal shares alongside sons, despite claims of self-acquisition by the father regarding the property in question.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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