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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
Babu Rao S/o Late Lakshmana Rao – Appellant
Versus
Srimathi W/o Late Madhukar – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
1. RFA No.1202/2019 is filed by defendant No.1 in O.S.No.8157/2010 questioning the judgment and decree dated 05.04.2019 passed in O.S.No.8157/2010 on the file of XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16) [hereinafter referred to as ‘the Trial Court’ for short] thereby, the suit filed by the plaintiffs was decreed in part. Whereas, RFA No.1818/2019 filed by defendant No.2 in O.S.No.8157/2010 questioning the said judgment and decree passed in O.S.No.8157/2010.
2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.
3. The plaintiffs have filed the suit for partition and separate possession claiming that one Lakshmana Rao is the original propositus, who had four children namely, the plaintiffs and 1st defendant and husband of 2nd defendant. It is pleading of the plaintiffs that the said Lakshmana Rao had acquired the suit schedule property by virtue of a family partition during the year 1957. Therefore, the suit schedule property is joint family and ancestral property of the plaintiffs and defendants and after the death of said Lakshmana Rao, the plaintiffs and
Daughters are entitled to equal inheritance rights as sons under Hindu law, reaffirmed by the court when the Will excluding them was not proved valid.
The plaintiff, as the legatee of Lakshmidevamma under the Will, stands in the place of Lakshmidevamma. Lakshmidevamma was entitled to be treated as a regular coparcener of the Hindu joint family orig....
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
The court clarified the application of Sections 14(1) and 14(2) of the Hindu Succession Act, emphasizing the need to include all rightful heirs in partition suits.
The main legal point established in the judgment is that the genuineness of a claimed unregistered Will is crucial in determining the entitlement to property shares, and lack of evidence to prove the....
The court determined that properties acquired through gift and sale are self-acquired and not joint family properties, granting the plaintiff an entitlement of 2/6th share.
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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