BENGALURU: The joint family property given as dowry, gift or otherwise during marriage of the daughter-plaintiff, who claimed a right of partition with her siblings under Section 6 of the Hindu Succession Act, would have to be included in the partition.
The Karnataka high court made this observation in a recent judgment while upholding the decision of a City Civil Court in Bengaluru. “ I am of the considered opinion that a beneficiary of Section 6 of the Hindu Succession Act cannot claim a benefit by way of partition as regard to joint family properties without reference to the properties already received by her at the time of marriage as dowry/gift or otherwise. The said properties at an undisputed point of time forming part of the joint family property and the plaintiff having received it, they would also have to be made part of the partition,” Justice Suraj Govindaraj observed in his order while rejecting Hemalatha’s petition.
Based on an application filed by V Somashekar, one of her three brothers, the civil court had ordered inclusion of two properties, including the 1-acre land at Pallerayanahalli village, Amruthur hobli, Kunigal taluk, Tumakuru district in the partition suit filed by Hemalatha along with another brother.
Two properties independently purchased, says petitioner
It was contended that at the time of Hemalatha’s marriage, a nominal sale deed was executed (by their father K Venkatesh) in favour of her father-inlaw Channaiah, and that property was amenable for partition since it was given as dowry.
As regards the second property, a residential site at Laggere, it was claimed their father had executed a power of attorney in favour of Hemalatha and her husband Jayaramaiah at the time o f her marriage and subsequently a sale deed was executed in their names in June 2006. Challenging the August 8, 2018 order passed by the civil court, Hemalatha contended that both properties were independently purchased and cannot be included in th e partition suit.
However, Justice Govindaraj pointed out that since there is a clear and categorical assertion that the nominal sale deed was executed by their father at the time of her marriage, it had to be established in the trial. “If the plaintiffs were able to establish that the properties had been independently purchased out of their own funds and they are not joint family properties, then they would not be amenable for partition.”
Justi ce Govindaraj added that at present, the court is not concerned with the offence of dowry if any, as there has been no complaint.
