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KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
HONNAPPA S/O. FAKKIRAPPA GOVINDAPPANAVAR @ TALWAR – Appellant
Versus
SMT. YELLAVVA W/O. FAKIRAPPA GOVINDAPPANAVAR @ TALWAR, SINCE DECESED – Respondent
| Table of Content |
|---|
| 1. key facts of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's identification of joint family properties (Para 6 , 12 , 35) |
| 3. arguments about the will's legitimacy and its implications (Para 10 , 11 , 41) |
| 4. legal presumption regarding joint family acquisitions (Para 29 , 30 , 31) |
| 5. order for share distribution (Para 43) |
ORAL JUDGMENT
1. This Regular First Appeal is filed by the appellants, challenging the Judgment and the preliminary decree dated 18.02.2012 passed in O.S.No.35/2009 by the learned Additional Senior Civil Judge, Haveri (for short ‘the Trial Court’).
3. Brief facts, leading rise to the filing of this appeal are as follows:
4. Further, suit schedule-B properties, i.e. schedule B-2 to B-4 properties, were part and parcel of VPC No.55. VPC No.55 is the joint family property, and the deceased Fakkirappa purchased VPC No.53 from one Hanamantappa out of the joint family nucleus. It is also contended that suit schedule B-5 property i.e. VPC No.57 is purchased out of joint family nucleus and suit schedule B-6 property i.e. VPC No.196/1A is purchased in the name of defendant No.5 out of joint family funds. As such suit schedule-A and B properties are the joint family
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