Case Law Details
Smt. Hemalatha Vs Sri. Venkatesh (Karnataka High Court)
In the present case, interestingly the claim of the 4th defendant is that certain joint family properties had been given to the 1st plaintiff and her family members as dowry during her marriage. That is to say that a portion of the joint family property was made available for plaintiff No.1 as either dowry/gift or share in the property at the time of marriage. This court at present is not concerned with the offences of Dowry if any, there being no complaint in regard thereto.
Such being the case, 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, the same would also have to be made part of the partition suit in order for the partition to be equitable hence, those properties would also be amenable to partition. Hence, the contention of Sri.A.Nagarajappa, learned counsel for the petitioner that these properties were independently purchased (Item no. 9 from Defendant no. 9 and Item No. 10 from third parties) and would not be amenable for partition is an issue that would have to be decided after trial and cannot be adjudicated upon at this stage. The assertions clearly and categorically made is that the 1st defendant had executed nominal sale deeds in respect of item Nos.9 and 10 properties.
It is for the parties to establish during the course of 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 funds and the said properties are not joint family properties, then the same would not be amenable for partition.
This aspect would have to be ascertained by the Trial Court only after trial. Hence, I answer Point No.1 by holding that in a suit for partition, the properties which had been given as dowry or otherwise at the time of marriage of the daughter plaintiff, claiming a right of partition under Section 6 of the Hindu Succession Act, would be amenable for partition and the same would have to be included in a suit for partition.
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