High Court of Karnataka, Dharwad Bench (M.G.S. Kamal, J.), 25.07.2025 — RSA No.100016/2021 (Susheela, Champabai, LRs of Akkatai) c/w RSA No.5544/2013 (LRs of Bhima, purchaser-defendant No.4) & RSA Cross Objection No.100001/2021 (LRs of Akkatai), arising from common judgment dated 26.03.2005 in twin suits O.S.No.5/1994 (Vasant, surviving son of propositus Annasab, who died 06.01.1991) and O.S.No.200/1994 (Susheela, widow of predeceased son Anandappa, and her three daughters), confirmed by First Appellate Court on 31.05.2013. Substantial question: whether decreeing the suit on relinquishment deed Ex.P28 (20.08.1991; consideration Rs.25,000/-) executed only by Susheela, without Champabai, Akkatai and Anandappa's three daughters, was justified. Held (all ratio): (1) succession opened in 1991 when, under the unamended Section 6, Hindu Succession Act, daughters of the propositus had no coparcenary share; hence the plea drawn from Chella Subbanna (FB) AIR 1945 Mad 142 and M.R. Vinoda (2021) 20 SCC 180 that a member's renunciation enures to the benefit of all joint family members was not countenanced, the Court anchoring on M. Arumugam (2020) 11 SCC 103; (2) the deed was concurrently found duly executed and registered by Susheela with daughters Sunita and Bhimabai as witnesses, with the Rs.25,000/- consideration shown, and no perversity was demonstrated; (3) minor daughter Mahadevi, though not a party, never challenged the deed after majority, so execution stands proved; (4) the deed is not to be tested against the proviso to Section 6(1)/Section 6(5) since such alienation is recognised; (5) the deed long pre-dated the Karnataka amendment (effective 30.07.1994) and the Central amendment to Section 6; (6) mutation ME No.3925 of the daughters' names reads only to their limited shares. Shares fixed on notional partition — plaintiff Vasant 5/12th, Susheela with her three daughters 5/12th, Champabai and Akkatai 1/12th each — and the Courts-below declaration for the plaintiff was corrected (daughters' shares excluded): 5/8th in R.S.772/1B; 25/48th each in R.S.456/16 and 457/10; 15/32nd in R.S.456/11; Susheela's branch retaining 5/24th, 5/48th, 5/48th and 5/96th respectively. All three matters partly allowed; decrees modified accordingly, balance confirmed, decree to be drawn by Registry.
