Properties inherited by a female Hindu devolve to her legal heirs under Section 15 of the Hindu Succession Act; oral partitions without registered documents do not confer ownership.

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

Defendant No.2 and 3 in O.S.No.80/2017, have preferred this appeal against the judgment and decree dated 4^th March 2020, passed by the learned Senior Civil Judge, Bailhongal, (for short, `trial Court’). The plaintiffs have filed the suit for partition and it was partly decreed by the trial Court.

2. We refer to the parties as per their ranks before the trial Court.

3. The propositus of the family was one Goudappa Angadi. He was married to Smt.Neelawwa Angadi. Goudappa has two sons by name Basalingappa and Gangappa (plaintiff No.2). Plaintiff No.2 married to defendant No.4 Smt.Channawwa and from their marital life, they have three sons by name Basappa, Mahantesh and Madiwalappa (defendant Nos.1 to 3 respectively) and a daughter by name Neelawwa (plaintiff No.1).

4. Plaintiffs further contend that suit properties bearing Survey No.121/6, measuring 4 acres 24 guntas (excluding 6 guntas of kharab land) and Survey No.113, totally measuring 2 acres 6 guntas and out of which, gunta was phot kharab land, were ancestral properties of plaintiffs and defendant Nos.1 to 3. Plaintiffs succeeded to the said properties by M.E.No.6144 in the partition. The said land bearing Survey No.121/6 was allotted to the share of defendant Nos.1 to 3 and at that time they were minors and defendant No.4 was appointed as guardian of the said minors. From the income earned from the land bearing Survey No.121/6, defendant No.4 purchased the land bearing Survey No.113. The said properties have been peacefully enjoyed by the parties to the suit as joint family properties. It is further contended that plaintiffs have 2/6^th share in the said properties. They have demanded for partition, but defendants refused to effect the partition. Therefore, they have filed the suit.

5. Defendant Nos.1 and 4 have filed joint written statement and they admitted the genealogy, as well as suit properties as joint family properties. They contended that each of them have 1/6^th share in the suit properties, which may be awarded to their share.

6. The main contention of defendant No.2, who is contesting before the trial Court that their great grand mother Smt. Neelawwa succeeded to the suit schedule property from her mother and she was the absolute owner of the said property. She transferred the said property in the name of her husband Goudappa and mutation entry was recorded in this regard. The said Goudappa had two sons one is Basalingappa and another is plaintiff No.2. The said Goudappa during his lifetime partitioned the said properties given to him by Neelawwa. In the said partition, he gave Sy.No.120 measuring 4 acres 12 guntas and Sy.No.138/1A measuring 2 acres 15 guntas to Basalingappa; and given the property bearing Sy.No.121/6 measuring 4 acres 24 guntas and Sy.No.138/B measuring 2 acres 2 guntas in favour of defendant Nos.1 to 3. Thereby defendant Nos.1 to 3 are absolute owners of the said property. The plaintiff or defendant No.4 had no right over the said property. The suit properties are not joint family properties and hence plaintiffs have no share in the said property. With these reasons, defendant No.2 prayed to dismiss the suit.

7. The said Goudappa during his life time partitioned above three properties in favour of his son Basalingappa and defendant Nos.1 to 3, accordingly M.E.No.6144, dated 20.03.1958 was ordered. Further, Goudappa allotted half share of Survey No.120/6, measuring 4 acres 12 guntas and Survey No.138/1, measuring 2 acres 15 guntas to his son Basalingapa and remaining half were given in favour of grandson i.e., defendant Nos.1 to 3. Since defendant Nos.1 to 3 were minors at that point of time, defendant No.4 was appointed as a guardian of the said minors and names of defendant Nos.1 to 3 were entered in the revenue records. On behalf of minor defendant Nos.1 to 3, defendant No.4 sold Survey No.138/1B, measuring 2 acres 2 guntas to one Siddappa Harugoppa and out of the sale proceedes, he purchased S