KARNATAKA HIGH COURT
H.P. SANDESH, J
VENKATESH S/O LATE GOVINDAIAH @ HOSAMANE GOVINDAIAH – Appellant
Versus
SMT. SAROJA D/O LATE GOVINDAIAH @ HOSAMANE GOVINDAIAH – Respondent
| Table of Content |
|---|
| 1. claim of ancestral property by sisters against brothers. (Para 2) |
| 2. equal rights of daughters in ancestral shares affirmed. (Para 3) |
| 3. appeal dismissed based on court's findings. (Para 4) |
ORAL JUDGMENT
This matter is listed for admission. Heard the learned counsel appearing for the respective parties.
2. The suit was filed by the sisters against their brothers claiming that the suit schedule properties are an ancestral properties. The Trial Court having considered the material and record comes to the conclusion that there is no dispute with regard to the relationship between the parties as well as the properties concerned. On perusal of the records, it discloses that notional partition was granted in the original suit and the same has been challenged in the appeal by the very plaintiffs. The First Appellate Court having considered the judgment of the Apex Court reported in AIR 2020 SC 3717 in the case of Vineeta Sharma v. Rakesh Sharma and Others wherein it is held that the daughter is also entitled for the share that of a son whether the father is alive or not and the First Appellate Court comes to the conclusion that all are equally entitled for the partition and
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