Pandit Rao S/O Sidramappa Mali Patil v. Kumari Preethi D/O Pandith Rao Anr.
Partition of joint family ancestral property – Wife's entitlement during husband's lifetime
Case brief
What is this about?
Second appeal before High Court of Karnataka concerning partition of joint family ancestral property (agricultural land). Courts below had decreed partition granting 1/5th share to each plaintiff including Plaintiff No.2 (wife of defendant appellant). High Court held that wife is not entitled to share equal to co-sharers during husband's lifetime. Modified judgments of Trial Court and First Appellate Court to hold defendant appellant and Plaintiff No.1 (daughter) entitled to one equal share each. Appeal allowed in part. Court declined to comment on parallel proceedings reportedly filed by siblings of defendant appellant.
What did the court decide?
Appeal allowed in part. Defendant appellant and Plaintiff No.1/Respondent No.1 held entitled for 1 share each in the suit properties. Judgments and decrees of Trial Court and First Appellate Court modified accordingly. Draw decree accordingly.