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2026 Supreme(Online)(Kar) 19585

THE HIGH COURT OF KARNATAKA
M.G.S.Kamal, J
K.P. Mani – Appellant
Versus
K.P. Ganesh – Respondent
REGULAR FIRST APPEAL NO.1131 OF 2014|REGULAR FIRST APPEAL NO.1138 OF 2014

Advocates:
For the Appellants/Petitioners: Janardhana G.
For the Respondents: R. Pushpahasa

The burden of proof to establish that property is joint family property lies solely on the claimant. In the absence of proof of an initial joint family nucleus sufficient to acquire said assets, there is no presumption of jointness, and individually acquired assets remain the absolute property of the holder.

Headnote:(A) Code of Civil Procedure, 1908 - Section 96 - Property Law - Partition suit - Burden of proof regarding joint family property - There is no presumption that a property is joint family property merely due to the existence of a joint Hindu family - The person asserting the claim must prove the existence of a joint family nucleus sufficient to acquire the property, which then shifts the onus to the person claiming it to be self-acquired - As per legal principles, admissions are evidence but not conclusive - (Paras 21, 22)

(B) Hindu Succession Act, 1956 - Section 14 - Property acquired by a female member - Doctrine of absolute ownership - A property purchased by a female member with her own funds constitutes her absolute property, and she is entitled to deal with it as she deems appropriate, including through a gift deed - (Paras 25, 26)

Facts of the case:
The appellants filed a suit for partition and separate possession of several properties, contending they were joint family properties acquired through the funds of the family patriarch. The respondents/defendants claimed that specific properties were self-acquired or gifted, and that the plaintiffs failed to prove any joint family nucleus. Multiple overlapping suits were filed regarding title, possession, and injunction, which were consolidated and disposed of through a common judgment, with the trial court granting only a limited share in one property.

Findings of Court:
The court ruled that the appellants failed to provide acceptable material evidence to establish that the properties were purchased using a joint family nucleus. It concluded that the properties claimed as self-acquired by the respondents were purchased through independent income, tax filings, and individual loans. Evidence regarding the existence of a joint family business was held insufficient to influence the nature of the properties, leading to the dismissal of the partition claims for most items.

Issues: The central issues were: (i) whether the suit properties were joint family properties liable for partition, (ii) the validity of gift deeds executed by a female member, and (iii) the burden of proof required to establish joint family nucleus versus self-acquired status.

Ratio Decidendi: The burden of proving that a property is joint family property lies upon the individual asserting the claim. Without evidence of a financial nucleus from an undivided family source sufficient to acquire properties, the court cannot presume jointness. Furthermore, a female member holding title to property becomes its absolute owner under the law, granting her full rights of alienation through gift or transfer.

Result: Appeals dismissed. The trial court's judgment and decree, granting limited partition and relief of possession, are hereby confirmed.

Table of Content
1. factual background and trial court's order regarding partition suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
2. appellants' appeals against trial court findings and request for evidence. (Para 16 , 17 , 18 , 19 , 20)
3. burden of proof on person claiming joint family property. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)
4. additional evidence rejected due to lack of necessity and relevance. (Para 50 , 51)
5. affirmation of possession and ownership via valid gift deeds. (Para 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61)

IN RFA NO.1131/2014

BETWEEN:

1. MR K.P MANI

S/O THE LATE A.P.SWAMY

AGED ABOUT 50 YEARS,

RESIDING AT NO.255,

6TH CROSS, H.M.T LAYOUT,

MATHIKERE

BANGALORE-560 054.

2. MR.S.RAJKUMAR

S/O THE LATE K.P.SHANMUGHAM

AGED ABOUT 31 YEARS,

3. MR.S.KARTHIK KUMAR

S/O THE LATE K.P.SHANMUGHAM,

AGED ABOUT 28 YEARS,

BOTH 2 TO 3 ARE R/AT #7,

SWAMY MUDALIAR STREET,

K.KAMARAJ ROAD CROSS,

BANGALORE-560 01

... APPELLANTS

(BY SRI. JANARDHANA G., ADVOCATE)

AND:

1. MR. K.P GANESH

S/O THE LATE A.P.SWAMY

SINCE DECEASED BY HER LRS

1(a) SRI. MALATHI GANESH

W/O GANESH

AGED ABOUT 45 YEARS

1(b) SRI. NEERAJ ARYA GANESH

S/O GANESH

AGED ABOUT 31 YEARS

1(c) SRI. KIRAN GANESH

S/O GANESH

AGED ABOUT 28 YEARS

ALL ARE R/AT NO.59

2ND CROSS, SUNDER NAGAR

GOKULA, MATTIKERE

BENGALURU - 560 054.

2. MR.SELVARAJ

S/O THE LATE A.P.SWAMY

AGED ABOUT 55 YEARS,

RESIDING AT PORTION OF NO.3/28

SUNDARANAGAR,

1ST MAIN ROAD, GOKULA

BANGALORE-560 054.

3. MRS. K.P.VASANTHA

SINCE DECEASED BY HER LRS

3(a) SRI. HOKKALINGAM

SON OF LATE VADIVELU,

AGED ABOUT 7 YEARS,

RESIDING AT NO.40/A,

V.R.M.LAYOUT,

SHASTRI NAGAR,

VELLOR-2

3(b) V.C.PREMALATHA

W/O OF BABU

AGED ABOUT 51 YEARS,

RESIDING AT MARATHALLI VILLAGE,

AIRPORT ROAD,

BANGALORE.

3(c) V.C.LAKSHMINARAYANA

SON OF CHOKKALINGAM,

AGED ABOUT 49 YEARS,

RESIDING AT NO.40/A,

V.R.M.LAYOUT,

SHASTRI NAGAR,

VELLORE-2.

3(d) V.C.VIJAYALAKSHMI

DAUGHTER OF CHOKKALINGAM,

AGED ABOUT 47 YEARS,

RESIDING AT NO.40/A

V.R.M.LAYOUT,

SHASTRI NAGAR,

VELLORE-2.

4. MRS K.P.SARASWATHI

D/O THE LATE A.P.SWAMY,

W/O SRI S.MANI

AGED ABOUT 61 YEARS,

ESIDING AT NO.116/7,

BESANT LANE, RAYAPETTAIAH,

CHENNAI-600 014.

... RESPONDENTS

(BY SRI. SRI. R. PUSHPAHASA., ADVOCATE FOR 1(A TO C) AND CR/R2;

R3(A), 3(C), 3(D) & R4 ARE SERVED AND UNREPRESENTED

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.04.2014 PASSED IN O.S.25262/2008 ON THE FILE OF V ADDL., CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY(CCH.NO.2), PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

IN RFA NO.1138/2014

BETWEEN:

1. MR. K P MANI

S/O LATE A.P.SWAMY

AGED ABOUT 58 YEARS,

RESIDING AT NO.255,

6TH CROSS, H.M.T.LAYOUT,

MATHIKERE,

BANGALORE-560 054.

2. MR.S.RAJKUMAR

S/O THE LATE K.P.SHANMUGHAM,

AGED ABOUT 37 YEARS,

3. MR.S.KARTHIK KUMAR

S/O THE LATE K.P.SHANMUGHAM,

AGED ABOUT 34 YEARS,

BOTH 2 AND 3 ARE RESIDING AT NO.7,

SWAMY MUDALIAR STREET,

K.KAMARAJ ROAD CROSS,

BANGALORE-560001

... APPELLANTS

(BY SRI. JANARDHANA G., ADVOCATE)

AND:

MR SELVARAJ

S/O THE LATE A.P.SWAMY

AGED ABOUT 63 YEARS,

RESIDING AT PORTION OF NO.144,

SUNDARANAGAR,

BANGALORE-560 054.

... RESPONDENT

(BY SRI. R. PUSHPAHASA., ADVOCATE FOR CR/RESPONDENT)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.04.2014 PASSED IN O.S.2909/2010 ON THE FILE OF I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION.

THESE REGULAR FIRST APPEALS HAVING BEEN HEARD AND RESERVED ON 31.01.2026 FOR JUDGMENT COMING ON FOR PRONOUNCEMENT THIS DAY, THIS COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE M.G.S.KAMAL

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

1. These appeals are filed by the plaintiffs/appellants herein aggrieved by the common judgment and decree dated 21.04.2014 passed in O.S.Nos.25262/2008 C/w 2909/2010, 6477/2004, 743/2

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2026 Supreme(Online)(Kar) 19585

THE HIGH COURT OF KARNATAKAM.G.S.Kamal, JK.P. Mani – AppellantVersusK.P. Ganesh – RespondentREGULAR FIRST APPEAL NO.1131 OF 2014|REGULAR FIRST APPEAL NO.1138 OF 2014

Cases Referred (1)

THE HIGH COURT OF KARNATAKA
M.G.S.Kamal, J
K.P. Mani – Appellant
Versus
K.P. Ganesh – Respondent
REGULAR FIRST APPEAL NO.1131 OF 2014|REGULAR FIRST APPEAL NO.1138 OF 2014