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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Shivamma @ Suvarnamma, W/o. Late Madevappa – Appellant
Versus
Mahadevappa @ Patela, S/o. Late Nagavalli Subbappa – Respondent
| Table of Content |
|---|
| 1. establishment of joint family property and inheritance (Para 2 , 3 , 4) |
| 2. contentions regarding property ownership and sales (Para 5 , 11 , 13) |
| 3. analysis of limitations and property claims (Para 10 , 12 , 15) |
| 4. applicability of hindu succession act amendments (Para 14 , 16) |
| 5. dismissal of the appeal (Para 17) |
JUDGMENT :
H.P.SANDESH, J.
This matter is listed for admission and I have heard learned counsel for the appellant.
2. This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.
3. The case of the plaintiff before the Trial Court is that plaintiff and the defendants are sisters i.e. daughters of Sri Channanjappa @ Puttappa, S/o. Siddappa and Deveeramma. The suit schedule properties originally belongs to Sri Channanjappa @ Puttappa, S/o. Siddappa i.e., the father of the plaintiff and defendants and during the lifetime of Sri Channanjappa @ Puttappa, the suit schedule properties were allotted to the share of Sri Channanjappa @ Puttappa and thereafter, he was in possession. The plaintiff and the defendants being his legal heirs are in joint possession and enjoyment of the suit schedule properties along with Smt. Deve
Property claims arising from sale deeds prior to 2005 are barred by limitation if not contested within statutory periods, affecting entitlement to ancestral property rights.
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
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.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
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 partition among heirs was established, and the properties in question were determined to be self-acquired, nullifying the plaintiffs' claims of joint family property.
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