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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
R.NATARAJ, RAJESH RAI K.
Ramanayak, S/o. Dharamanayak Patil – Appellant
Versus
Sumitra, W/o. Ramanayak Patil – Respondent
| Table of Content |
|---|
| 1. appeals filed against trial court's decree (Para 1 , 2 , 3 , 4) |
| 2. factual background of plaintiffs' claim (Para 5 , 6 , 7) |
| 3. defendants' arguments against plaintiffs' claims (Para 8 , 10) |
| 4. court's analysis of joint family property rights (Para 12 , 14 , 15) |
| 5. legal rationale for notional shares (Para 19 , 20) |
| 6. final judgment and order (Para 23) |
JUDGMENT :
R.NATARAJ, J.
1. The defendant Nos.1 to 5 in O.S.No.85/2009 on the file of the Principal Senior Civil Judge and CJM, Dharwad (henceforth referred to as 'Trial Court') have filed RFA No.100284/2018 challenging the judgment and decree dated 28.04.2017 passed therein whereby the Trial Court declared that the plaintiffs are entitled to 2/9th share each in certain suit schedule properties.
2. The plaintiffs in O.S.No.85/2009 have filed RFA Crob No.100010/2018 challenging the aforesaid judgment and decree dated 28.04.2017 in so far as it relates to refusal to partition some of the suit schedule properties.
3. RFA No.100284/2018 was heard and reserved on 30.06.2025. However, it was noticed that RFA No.100284/2018 was dismissed for default on 07.02.2024. Since no attempt was made for restoration of the appeal, RFA Crob. N
Daughters were denied coparcener status under old inheritance laws but still claimed joint family property rights; trial court granted them shares based on family law principles.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
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 main legal point established in the judgment is that unless prior partition is established, there shall be a presumption that the property is joint family property, and a family arrangement in th....
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