The Karnataka High Court held that the properties which had been given in dowry or otherwise, at the time of marriage of the daughter, would be considered at the time of partition and the same shall be included in a suit of partition, instituted by daughter.
Factual Background
Petitioner Hemalatha had approached the Court, challenging an order dated August 8, 2018 passed by the City Civil Judge, Bangalore, allowing the application filed by the brother of the petitioner seeking to include two properties in the partition suit filed by the petitioner claiming that they were given in dowry at the time of marriage.
Case of the Petitioner
The Counsel for the petitioner submitted that there are no reasons stated by the Trial Court for allowing the application for amendment and therefore, such order is required to be set aside. It was also stated that property No.9 and No.10 was purchased by the petitioner’s father- in law and by her husband out of their own money and thus, cannot be up for partition.
Case of the Respondent
The Counsel for the respondent contended that the properties No.9 and 10 which were sought to be introduced by way of amendment, were given as dowry and therefore, in suit for partition, the said properties must be included.
Observation of the Court
The Court was of the opinion that the beneficiary under Section 6 of the Hindu Succession Act cannot claim a benefit by way of partition to joint family properties without reference to the properties already received by her at the time of marriage as dowry, gift or otherwise.
In the words of the Court, “ The said properties at an undisputed point of time forming part of the joint family property and the plaintiff having received it, the same would also have to be made part of the partition suit in order for the partition suit in order for the partition to be equitable hence, those properties would also be amenable to partition”.
It was further noted, that whether the properties in question were independently purchased and would be considered for partition or not is under the jurisdiction of the Trial Court and the present Bench will not adjudicate upon the same. “It is for the parties to establish during the course of the trial as to whether the properties belonged to the joint family or not, if the properties belong to the joint family, then the same would be amenable for partition. If the plaintiffs were able to establish that the properties had been independently purchased out of their own money and the said properties are not joint family properties, then the same would not be amenable for partition. This aspect has to be ascertained by the Trial Court only after trial”
Case Details
Before: Karnataka High Court
Case Title: Hemalatha v. Venkatesh
Coram: Hon’ble Mr.Justice Suraj Govindraj
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