Smt D R Nagarathna v. Smt Gangamma
Regular Second Appeal under Section 100 CPC (NC: 2025:KHC:50287) – Partition/succession dispute, Chikkamagaluru
Case brief
What is this about?
Karnataka High Court RSA No. 34 of 2023 (NC: 2025:KHC:50287), decided 02-12-2025 by H.P. Sandesh, J.: validity and extent of a widow-mother's gift deeds (20.08.2007 and 20.11.2008) of joint family property — held operable only to the extent of her 1/5th share; limitation challenge to 2007/2008 gift deeds raised in a 2017 suit not separately answered; First Appellate Court's application of Section 6 Hindu Succession Act corrected to Section 8; FDP shares fixed at 1/5th each with the mother's gifted share going to the donees. Relevant to: gift by an heir limited to her own share; Section 6 vs Section 8 HSA in appropriation of shares; second appeal disposed of with modification.
What did the court decide?
Second appeal disposed of with a modification of the First Appellate Court's decree: Section 8 of the Hindu Succession Act to be applied instead of Section 6; in the FDP partition, the mother's 1/5th share (already gifted to defendant Nos.1 to 3) to be allotted to them, with the other heirs entitled to 1/5th share each.