Smt Jayamma v. N Bettegowda
Case brief
What is this about?
This special first appeal concerned the partition of ancestral property and the revision of shares after the father's death. The High Court applied Vineeta Sharma v. Rakesh Sharma to modify the lower court's decree, granting the daughters equal shares with their brothers and adjusting the wife's share.
What did the court decide?
The appeal is allowed; the impugned judgment and decree are modified to grant 1/6th + 1/36th share to the appellant (Jayamma) and 1/6th + 1/36th share to the other children.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 - NC: 2023:KHC:41350 RFA No. 1116 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1116 OF 2007 (PAR)
BETWEEN:
- SMT. JAYAMMA, W/O LATE THIMMEGOWDA, MAJOR, SANTHEMALA, BANNUR TOWN, T.N.PURA TALUK - 571 124.
- SMT. GOWRAMMA, D/O LATE THIMME GOWDA, W/O SIDDEGOWDA, MAJOR, MEGALLAKOPPALU VILLAGE, BANNUR HOBLI, T.N.PURA TALUK - 571 124.
…APPELLANTS
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
(BY SRI.S.RAJESH FOR SRI.S.B.MUKKANNAPPA, ADVOCATE)
Issues for consideration
3 issues framed by the court
Whether the sharing pattern of coparcenary property needs modification in view of the principles enunciated in Vineeta Sharma V. Rakesh Sharma?
Whether the impugned judgment requires interference by this Court to modify the shares based on the deceased co-parcener's share?
How should the property be distributed between the wife (Jayamma) and the children (sons and daughters) after the deemed partition upon the death of the father?
Parties & counsel
- appellant
Smt. Jayamma
- appellant
Smt. Gowramma
- respondent
Smt. Bhagyamma
- respondent
Smt. Padmavathi
- respondent
T. Rangaswamy
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- RFA/1116/2007
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