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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Prema, D/o. Thayagaraju – Appellant
Versus
Thyagaraju, S/o. Govindappa – Respondent
JUDGMENT :
ASHOK S.KINAGI, J.
1. This Regular Second Appeal is filed by the appellant aggrieved by the judgment and decree dated 17.06.2013 passed in R.A. No.39 of 2009 by the learned I Additional District and Sessions Judge, Ramanagara, and the judgment and decree dated 21.01.2009, passed in O.S. No.330 of 2006 by the learned Additional Senior Civil Judge, Ramanagara.
2. The parties are referred to based on their ranking before the Trial Court. The appellant was the plaintiff and the respondents were the defendants.
3. Brief facts leading rise to the filing of this appeal are as follows:
4. The plaintiff filed a suit against the defendants for partition and separate possession of the suit schedule properties. It is the case of the plaintiff that the plaintiff and defendants 1 to 5 are the members of a Hindu undivided joint family and defendant No.2 is the first wife of defendant No.1. Defendant Nos.3 and 4 are the children born to her. One Gowramma was the second wife of defendant No.1 and the plaintiff and defendant No.5 are the children born to her.
5. After the marriage of defendant No.1 and 2, there were no issues to them for sometime. As such, with the consent of defendant No.2 (fi
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.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
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....
A partition suit must prove ancestral status of properties; claims of prior partition require corroborative evidence, which was insufficient in this case.
A father cannot bequeath his son's share in ancestral property as per Hindu Succession Act, 1956, Section 30.
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