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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Shabbir Ahamed S/o Late Buden Sab – Appellant
Versus
Abdul Rehaman S/o Late Hayath Hussain – Respondent
JUDGMENT :
K.MANMADHA RAO, J.
The present Regular Second Appeal is filed by the plaintiffs to set aside the judgment and decree dated 08.03.2016, in R.A.No.41/2012 passed by the I Additional District Judge at Chikmagalur (hereinafter referred to as ‘the first appellate Court’) and the judgment and decree dated 05.01.2012, in O.S.128/1997, passed by the Additional Senior Civil Judge at Chikmagalur (hereinafter referred to as ‘the trial Court’).
2. The appellants herein are the plaintiffs/appellants before the Courts below and the respondents herein are the defendant/respondent before the Courts below.
3. For convenience of reference, the parties herein are referred to as per the rankings before the trial Court.
4. The plaintiffs filed O.S.No.128/1997 against the defendants on the file of the Additional Senior Civil Judge, Chikmagalur for the relief of partition and separate possession of their 2/5th share over the suit schedule properties and also for a
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The judgment establishes that legal heirs have rights to ancestral properties under the Hindu Succession Act, 1956, and that partition deeds not challenged by all parties may not be binding, necessit....
Minors cannot be deprived of their ancestral property rights through relinquishment by a parent; such actions require explicit consent of the minors involved.
THE POSSESSION OF ONE CO-SHARER IS POSSESSION OF ALL CO-SHARERS AND WHEN ONE SHARER IS CLAIMING EXCLUSIVE POSSESSION, HE MUST CLEARLY ESTABLISH THE OUSTER OF THE CO-SHARER AS A CO-OWNER HAS AN INTERE....
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