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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
R.DEVDAS, B.MURALIDHARA PAI
Susheela, W/o. Suresh Marathe – Appellant
Versus
Suhas Suresh Marathe – Respondent
JUDGMENT :
R.DEVDAS, J.
These two Regular First appeals arise out of common judgments passed by the learned Senior Civil Judge, Sirsi in O.S.Nos.2/2013, 18/2013 and 59/2016, therefore, these appeals were clubbed, heard together and are being disposed of by this common judgment.
2. For the sake of convenience, the parties are referred to in terms of their ranking before the trial court. Since O.S.No.2/2013 is the leading suit, the plaintiff Sri.Suhas, shall be referred to as ‘plaintiff’.
3. Sri.Suresh Marathe and his wife Susheela have three children, Suhas, Sudheer and Sucheta. During the lifetime of Sri.Suresh Marathe, being the Kartha of the joint family, Sri.Suresh Marathe got executed a partition deed dated 30.08.2000, duly registered, allocating four items of immovable properties to his first son Suhas, three immovable properties to his second son Sudheer, while the eldest daughter Sucheta was allotted the second floor for the purpose of residence, in property bearing CTS No.1165/A1, to take effect after demise of her parents. Sri.Suresh Marathe along with his wife retained three items of immovable properties, including CTS No.1165/A1. The joint family was eking out their liveliho
Execution of partition deed is legally binding and not rendered void by claims of inequity, with established limitations for challenging such deeds. Family settlements must not be reopened unless fra....
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
Fraud must be specifically pleaded and proven to invalidate registered documents in partition disputes, and unsupported allegations do not suffice to reopen partitions.
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
Will validly proved by attesting witness; plaintiff failed to establish joint family property for partition entitlement.
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
(1) A document of partition which provides for effectuating a division of properties in future would be exempt from registration--Memorandum of understanding/family arrangement do not require registr....
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