Sri Govindaraju v. Sri S T Narayanaswamy
Case brief
What is this about?
This Regular Second Appeal against a succession decree was disposed of at the admission stage. The Court allowed an inter se modification of shares for the plaintiff, holding him entitled to a 1/7th share under the Hindu Succession Act while rejecting the substantive claim regarding a Will.
What did the court decide?
Appeal partially allowed by modifying shares; Plaintiff entitled to 1/7th share; remaining claims dismissed.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No.1915/2018 (PAR)
BETWEEN:
SRI. GOVINDARAJU, S/O. LATE. A THAMMAIAH, PRESENT AGED ABOUT 49 YEARS, SOORANAHALLI VILLAGE, KASABAHOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 571 112
... APPELLANT
(BY SRI. SHASHIDHARA H.N., ADVOCATE)
AND:
- SRI S T NARAYANASWAMY SINCE DEAD BY HIS LRS.
- 1(A) SMT. HEMA .N. SWAMY AGED ABOUT 72 YEARS W/O LATE S.T. NARAYANASWAMY
Issues for consideration
3 issues framed by the court
Whether the appeal challenging the shares allotted in a Hindu succession suit by the trial and first appellate courts requires interference.
Whether the appellant (propounder) discharged the burden to prove a disputed Will executed by the original propostitus.
Whether the shares of the parties in the suit property require modification under the Hindu Succession Act.
Parties & counsel
- appellant
SRI. GOVINDARAJU
- respondent
SRI S T NARAYANASWAMY SINCE DEAD BY HIS LRS.
- respondent
SMT. HEMA .N. SWAMY
- respondent
SMT. AMITHA NARAYANASWAMY
- respondent
ARAVIND NARAYANASWAMY
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- RSA/1915/2018
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