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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
J C Devaki W/o J M Chandrashekar – Appellant
Versus
J M Somashekar S/o J C Mallappa – Respondent
JUDGMENT :
ASHOK S.KINAGI, J.
1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 19.07.2013 passed in R.A. No.28 of 2012 by the learned First Additional District Judge, Kodagu at Madikiri.
2. For the sake of convenience, the parties are referred to based on their ranking before the Trial Court. The appellants were the plaintiffs and the respondents were the defendants.
3. Brief facts leading rise to the filing of this appeal are as follows:
4. The plaintiffs filed a suit against the defendants for declaration to declare that they are the wife and children of late J.M.Chandrashekhar and also for partition and separate possession. It is the case of the plaintiff that one J.C.Mallappa was the original propositus. He had seven children: defendant Nos.1 to 4, and one J.M.Chandrashekar and 2 daughters. The plaintiffs are the legal heirs of J.M.Chandrashekar, who is the second son of J.C.Mallappa-original propositus. The suit schedule properties are the ancestral properties and the same were owned and possessed by the original propositus-J.C.Mallappa. The plaintiffs and defendant Nos.1 to 4 are the members of a Hindu undivided joint family. J.M.Ch
The judgment establishes the primacy of prior legal determinations regarding heirship, emphasizing previous findings must guide current claims unless new evidence warrants a reconsideration.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Children born of void marriages under Hindu law cannot claim rights to ancestral property during the father's lifetime, preventing partition claims until after the father's death.
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 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.
A decree against a minor represented by a negligent guardian is voidable, mandating reconsideration to uphold principles of natural justice.
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....
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
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