Married daughters are entitled to inherit joint family properties and occupancy rights granted to their father, reaffirming their coparcener status under Hindu law despite limitations in the Karnataka Land Reforms Act.

Headnote:(A) Karnataka Land Reforms Act, 1961 - Sections 2(12) and 2(17) - Partition and separate possession of joint family properties - Trial Court dismissed suit, holding it to be barred by limitation and not proving joint family status of properties - Court clarified that married daughters are entitled to share in tenancy rights relating to properties granted occupational rights to father - Trial Court's reasoning regarding limitation not upheld, as occupancy rights are for joint family benefit. (Paras 11, 20, 30, 33)

(B) Marriage and Joint Family Concepts - Court ruled that the definition of family includes married daughters under Hindu succession laws, reaffirming their coparcener status. (Paras 12, 24, 30)

Facts of the case:
The plaintiff, claiming joint family property from her deceased father Basagouda, faced counterclaims on grounds of alleged adoption of the defendant and negation of joint family properties. The Trial Court held the suit as barred by limitation owing to the claimed age of the plaintiff and her failure to prove joint family status.

Findings of Court:
The Trial Court erred in dismissing the suit due to limitation; the plaintiff is recognized to have a 1/3rd share in the properties.

Issues: Main issues involved whether properties are joint family properties eligible for partition and the validity of the claimed adoption which excluded the plaintiff from inheritance entitlements.

Ratio Decidendi: The Court determined married daughters' right to inheritance as recognized coparceners under Hindu law, reaffirming that limitation claims based merely on familial definitions under the KLR Act do not supersede general inheritance rights under Hindu law.

Result: Appeal allowed in part, confirming the plaintiff's entitlement to 1/3rd share.

ORAL JUDGMENT

(PER: THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This Regular First Appeal is filed by the plaintiff challenging the judgment and decree dated 18.08.2017 passed in O.S.No.181/2013 on the file of Senior Civil Judge and JMFC, Raibag (for short, ‘Trial Court’), thereby, the suit filed for partition and separate possession is dismissed.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

3. The plaintiff has filed the suit for partition and separate possession by metes and bounds for claiming 1 ½ share by pleading that the suit schedule properties are the joint family properties.

4. The genealogy of the plaintiff and defendants family are as under:

5. According to the plaintiff, one Basagouda Gurulingappa Takkannavar was the original propositus, who died on 07.05.1984. His wife, Tangewwa, has also passed away. They had two children, namely Kallawwa and plaintiff i.e., Mallawwa. Kallawwa died, leaving behind five children, who have been arrayed as Defendant Nos.1 to 5. It is pleaded that the alleged adoption of a son by Defendant No.1, claimed to be the adopted son of Basagouda and Tangewwa, is illegal and unproven. Therefore, according to the plaintiff, the original propositus Basagouda, and his wife Tangewwa, had only two daughters. As such, the plaintiff claims entitlement to a half share in the suit schedule properties and has accordingly filed the suit for partition as above stated.

6. Defendant Nos.6 to 8 have appeared through their counsel and filed their written statement. Defendant No.1 has denied the plaintiff’s claim and asserted that he is the adopted son of Basagouda and Tangewwa. He further stated that the properties bearing R.S. Nos. 78 and 99 were transferred in his name as the adopted son, and accordingly, the revenue entries were recorded and acted upon. Therefore, the plaintiff is not entitled to any share in the suit properties. Defendant No.2 has filed a written statement supporting the contentions of defendant No.1.

7. Defendant Nos.6 to 8 have filed their written statement and contended that defendant No.1 is the adopted son of Basagouda and Tangewwa. It is further contended that defendant No.1 sold 1/3^rd share of the suit scheduled properties in the name of defendant No.7, who is a bonafide purchaser of properties. Consequently, defendant Nos.6 to 8 are in possession of the said properties by virtue of Sale Deed. Hence, they have prayed for dismissal of the suit.

8. Defendant No.12 has filed a written statement supporting the contentions of defendant Nos.6 to 8. Hence, prays to dismiss the suit.

9. Based on the pleadings of the parties, the Trial Court has framed the following:

ISSUES

1. Whether the plaintiff proves that, the suit properties are joint family properties defendant No.1 to 5?

2. Whether the defendant No.1 proves that, deceased Basagouda and his wife adopted him on 01.10.1975 through adoption deed is valid under law?

3. Whether the suit is barred by limitation?

4. Whether the plaintiff is entitled to ½ share and separate possession in the suit properties?

5. What order or decree?

10. The plaintiff to substantiate her case, the Special Power of Attorney holder was examined as PW.1 and got marked 13 documents as Ex.P1 to Ex.P13. Defendant No.2 was examined as DW.1, defendant No.1 was examined as DW.2, defendant No.3 was examined as DW.3 and defendant No.12 was examined as DW.4 and got marked 234 documents as Ex.D1 to Ex.D234.

11. The Trial Court has dismissed the suit by assigning the reason that the plaintiff has failed to prove that the suit schedule properties are joint family properties. Further, the Trial Court assigned the reason that the suit filed for partition and separate possession is barred by limitation. Further assigned the reason that the plaintiff was aged 70 years as on the date of filing of the suit, she might have been born prior to 1956. As on the date of 09.09.2005, the father of the plaintiff was no

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2025 Supreme(Online)(Kar) 19040

Married daughters are entitled to inherit joint family properties and occupancy rights granted to their father, reaffirming their coparcener status under Hindu law despite limitations in the Karnataka Land Reforms Act.

Cases Referred (1)