Supreme Court Partially Modifies High Court Judgment on Partition of Ancestral Properties. Respondents' entitlement to shares adjusted; self-acquired properties excluded from partition.

Case Note & Summary

Civil Appeals challenge the judgment of the High Court of Karnataka, Dharwad Bench, in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011. The Respondents, daughters of Appellant No. 1 through his first wife, filed a suit for partition of the family properties. The Trial Court decreed the suit partially, granting the Respondents 1/6th and 1/10th shares in various properties. The High Court modified this, granting them 1/3rd shares in some properties and 1/9th shares in others. The Appellants contended that some properties were self-acquired and not part of the coparcenary. The Supreme Court excluded certain properties from partition and modified the preliminary decree accordingly.

Introduction These Civil Appeals are filed against the judgment dated 16.10.2019 in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011, on the file of the High Court of Karnataka, Dharwad Bench. Background The Respondents filed O.S. No.73 of 2004 in the Court of the Additional Civil Judge, Hubli, for partition of suit properties. Suit Properties List of suit properties with survey numbers, extent, and village. Family Genealogy Respondents are daughters of Appellant No. 1 through his first wife, Uma. Appellant No. 1 divorced Uma and married Appellant No. 2, having daughters Appellant Nos. 3 and 4. The case involves determining if the suit properties are ancestral. Trial Court's Findings The Trial Court decreed the suit in part, granting the Respondents shares in certain properties. High Court's Modifications The High Court modified the Trial Court's judgment, granting the Respondents different shares. Supreme Court's Consideration Appeal history and remand by the Supreme Court. Hearing of arguments from both sides. Key Issues and Arguments Convenience of deciding entitlement to a share in the suit property. Appellants' contention regarding shares and self-acquired properties. Analysis of Properties Discussion on the mutation of revenue records and ancestral property. Examination of Sl. No. 2 properties' status. Examination of pleadings and evidence on ancestral properties. Findings on Sl. No. 2 Findings on the nature of Sl. Nos. 3 and 4 properties. Trial Court's findings on gift deeds and self-acquisition. Conclusion on Self-Acquired Properties Supreme Court's assessment on the self-acquired nature of properties. Determination of the share in Sl. Nos. 1 and 5. Legal Considerations Applicability of legal principles and precedence to the case facts. Conclusion that Sl. No. 2 properties are separate and self-acquired. Final Decision Appeals allowed in part, excluding Sl. No. 2 from partition and confirming the rest of the findings. No order as to costs.