R IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH DATED THIS THE 27^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE RFA NO.100103 OF 2014 BETWEEN:

1. PRAFULLA M.BHAT, AGED ABOUT 66 YEARS, OCC: HOUSEHOLD WORK R/O. MURUR, TQ: KUMTA, DIST: UTTAR KANNADA, 2. SUSHEELA, D/O. MAHADEV HEGDE, AGED ABOUT 58 YEARS, OCC: GOVERNMENT SERVICE RESIDING AT MAGADI TOWN, RAMESHWAR EXTENSION, BANGALORE RURAL DISTRICT.

3. SUMAN HEGDE, W/O. P M PRAKASH AGED ABOUT 54 YEARS, OCC: ADVOCATE RESIDING AT (1) FLOOR "SHREERANGA" 12^TH CROSS, MUTYALAMMA NAGAR, MATTIKERE, BANGALORE 560054.

4. PREMA, W/O. G G HALEMANE, AGED ABOUT 51 YEARS, OCC: GOVT. SERVICE, R/O. 12^TH MAIN, 11^TH A CROSS, IIND STAGE, WEST OF CHORD ROAD, BANGALORE - 560086.

5. SHAILAJA, W/O. P V HEGDE AGED ABOUT 49 YEARS, OCC: HOUSEHOLD WORK, R/O. 306, IIIRD FLOOR, FLAT NO. 11, IST CROSS, KEMPEGOUDA NAGAR, T DASARAHALLI, BANGALORE - 560057.

APPELLANT NOS.1, 2, 4 AND 5 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SMT SUMAN HEGDE - APPELLANT NO.3.

...APPELLANTS (BY SRI SANGRAM S KULKARNI, ADVOCATE)

AND:

1 . SARASWATI SHASTRI, AGED ABOUT 69 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. MAHADEV HEGDE'S HOUSE AT: NADIKERI, SAIKOD, TQ: HONNAVAR, DIST: UK.

2 . SHANKAR MAHADEV HEGDE, AGED ABOUT 64 YEARS, OCC: RETIRED PERSON R/O. KARWAR, DIST: UK.

3 . GANAPATHI MAHADEV HEGDE AGED ABOUT 64 YEARS, SINCE DECEASED REP. BY HIS LRS

3 (a) SMT VASUDHA, W/O LATE GANAPATI HEGDE, AGED ABOUT 72 YEARS, OCC: HOUSEHOLD, R/O BADRAPPA LAYOUT, BANGALORE.

3 (b) SMT ANURADHA JAMINDAR, D/O LATE GANAPATHI HEGDE, OCC: HOUSEHOLD, R/O BADRAPPA LAYOUT, BANGALORE.

(CAUSE TITLE AMENDED AS PER COURT ORDER DT: 17.01.2025)

4 . PRAKASH SHAMBU HEGDE, AGED ABOUT 41 YEARS, OCC: AGRICULTURE R/O. SALKOD, AT: NADIKERI, HONNAVAR, DIST: UK.

5 . SUBRAYA DEVARU HEGDE, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O. SALKOD, AT: NADIKERI, HONNAVAR, DIST: UK.

6. GANAPATHI SUBRAY NAIK, AGED ABOUT 39 YEARS, R/O JANASALE, VILLAGE: SALAKOD, TQ:HONNAVAR, DISTRICT: UTTARA -KANNADA.

(AMENDMENT CARRIED OUT VIDE AS PER ORDER DT: 11.06.2024 PURCHASER RESPONDENT NO.6 IMPLEADED)

...RESPONDENTS (BY SRI R.G.HEGDE, ADV. FOR R1, SRI H L HAVARAGI, ADV. FOR R3 (A&B)

SRI DATTATRAYA T HEBBAR, ADV. FOR R4 & R5, SRI SADIQ N GOODWALA, ADV. FOR IMPLEADING R6)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DT:11.03.2014 PASSED IN O.S.NO.7/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, HONNAVAR, DISMISSING THE SUIT FILED FOR DECLARATION, PARTITION,MANDATORY INJUNCTION AND FOR MESNE PROFITS.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17^TH JANUARY, 2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

CAV JUDGMENT

1. Whether the coparcenary property allotted to the share of a father, before 20^th December 2004, in a partition among the father and sons, which becomes his separate property after the partition, regains the status of a coparcenary property by virtue of amended Section 6 of the Hindu Succession Act of 1956, enabling the daughters who were born and alive when the partition took place (before 20^th December, 2004) to claim a share in the property allotted to the father?

Or to put it simply, Whether Section 6 of Hindu Succession Act of 1956, elevates the daughter who was already born at the time of a partition that took place before 20^th December 2004, between the father and his sons, to the status of the daughter born after the partition, to claim the share in the property allotted to the father ?

2. Whether the appellants establish that the registered gift deed dated 21.07.2007 allegedly executed by Mahadev (appellants’ father) is outcome of fraud and misrepresentation?

1. The questions referred to above, arise in this appeal against a decree dismissing the suit for partition filed by the daughters of Mahadev.

2. Five daughters of Mahadev filed the suit claiming a share in the suit properties. The plaintiffs’ two brothers are arrayed as defendants No.2 and 3.