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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
HANCHATE SANJEEVKUMAR
Bheemappa S/o Ramanna Pujar – Appellant
Versus
Basobi W/o Shabboddin Naikar – Respondent
| Table of Content |
|---|
| 1. overview of the case and plaintiff claims. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. court's reasoning on marriage validity and inheritance law. (Para 15 , 16 , 19 , 30 , 39 , 46 , 54 , 60) |
| 3. arguments regarding marriage validity and inheritance rights. (Para 20 , 21 , 24 , 26) |
| 4. determination of property rights of plaintiffs under hs act. (Para 69 , 72) |
| 5. final orders and injunctions granted. (Para 74) |
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
1. This appeal is filed by the plaintiffs challenging the judgment and decree dated 30.11.2012 passed in O.S.No.267/2010 on the file of I Additional Senior Civil Judge, Hubballi, 1hereinafter referred to as ‘the Trial Court’ for short, thereby, the suit filed by the plaintiffs is dismissed.
2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.
PLAINT:
3. It is the case of the plaintiffs that the suit schedule property was granted by the Government to one Bheemappa S/o Basappa Pujar on 27.04.1975 by M.E.No.2202 and he has wife by name Smt. Khatunbi and the said Bheemappa Pujar and Khatunbi died issueless. Bheemappa Pujar had one brother namely Ramappa Pujar and was cultiv
Recognition of 'No Marriage' between parties of different religions precludes rights to property succession, emphasizing strict adherence to marriage laws under Hindu Succession Act, 1956.
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
Property transferred for permanent alimony grants female absolute ownership, reinforcing the presumption of marriage from cohabitation, not barred by res judicata.
Widow's remarriage does not strip her of inheritance rights, and married daughters have equal entitlement to family property under the amended Hindu Succession Act.
The court affirmed that a Will's validity must be proved beyond doubt, especially when surrounded by suspicious circumstances involving mental competency and inheritance rights of legal heirs.
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....
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