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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH
Venkatesh D.G. S/o Late T. Gangadharappa – Appellant
Versus
T.G. Govindappa S/o Late T. Gangadharappa – Respondent
JUDGMENT :
H.P. SANDESH, J.
1. 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 factual matrix of the case of the plaintiff while seeking the relief of partition and separate possession is that defendant No.1 is his mother and one late Gangadharappa @ T. Gangadhara Rao was his father and defendant Nos. 2 to 4 are his brothers and defendant No.5 is his sister. Defendant Nos.6 and defendant No.11 is his sister-in-law and defendant Nos.7 and 9 are the children of defendant No.6 and late Ranganath. Defendant Nos.12 to 15 are the children of defendant No.11 and late Gopala T. The defendant Nos.10, 16, 17 are his cousin brothers and defendant Nos.18 and 19 are his cousin sisters. The plaintiff and defendants are related through blood and they belong to Hindu Undivided Joint Family. It is contented that suit schedule property stands in the name of father of defendant Nos.10, 16 to 19 and father-in-law of defendant Nos.6 and 11 and grandfather of defendant Nos.7 to 9, 12 to 15. It is contented that suit schedule property is an ancestral p
The existence of a registered partition deed effectively negates claims of joint family status and prior undivided ownership.
The courts upheld that prior partition negated the existence of a joint family, establishing the properties in question as self-acquired rather than ancestral.
Post-partition, a Hindu joint family ceases to exist and members become tenants in common, as evidenced by independent acquisitions and separate residences.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
Partition rights and classification of properties under succession laws are critical in determining share entitlement among siblings.
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