<p>The Kalaburagi bench of the Karnataka High Court has said that under the Hindu Succession Act, a female Hindu becomes the absolute owner of the share of the property when it is acquired by way of a partition, similar to acquisition by way of will or gift.</p>.<p>Justice C M Joshi said this while allowing an appeal challenging dismissal of the suit.</p>.<p>The appeal was filed by one Basanagouda, a resident of Raichur city. His wife Eshwaramma was the owner and in possession of land measuring 22 acres and 18 guntas at Athanur village in Manvi taluk. Eshwaramma had acquired ownership over the property on the strength of the partition, registered on September 21, 1974, between her father and her brothers. Basanagouda became an exclusive legal heir of the property after his wife’s death intestate and issueless.</p>.<p>He had to file a suit for declaration of his title after his wife’s relatives started obstructing peaceful possession, owing to some hollow entries in the revenue records. The trial court, as well as the first appellate court, concluded that though there was a partition between the father of Eshwaramma and her brothers, it amounts to inheritance. Therefore, in view of the exception carved out in section 15(2) of the Hindu Succession Act, the property would go back to the brothers after the demise of Eshwaramma.</p>.<p>In his appeal, Basanagouda contended that the exception in section 15 (2) would come into play only when a female Hindu inherits the property by way of succession and not when she acquires the property by way of gift, sale or such other modes.</p>.<p>Justice Joshi noted that by registering the memorandum of partition, the parties had given effect to the partition. “Therefore, it is evident that by virtue of the memorandum of partition, the parties agreed that the shares allotted to them will be enjoyed as an absolute property.”</p>.<p>The bench also noted that it is not possible to hold that the acquisition of the property by virtue of partition is construed to be an inheritance within the meaning of section 15 (2). “Therefore, the acquisition of the property by a female Hindu either by Will or Gift will also include the acquisition by way of a partition in the family. Once there is a partition and properties have been divided by metes and bounds, it becomes the absolute property of such sharer. If the sharer had any surviving heirs at the time of partition, the property may become the joint family property of the acquirer and his family members,” the court said.</p>
<p>The Kalaburagi bench of the Karnataka High Court has said that under the Hindu Succession Act, a female Hindu becomes the absolute owner of the share of the property when it is acquired by way of a partition, similar to acquisition by way of will or gift.</p>.<p>Justice C M Joshi said this while allowing an appeal challenging dismissal of the suit.</p>.<p>The appeal was filed by one Basanagouda, a resident of Raichur city. His wife Eshwaramma was the owner and in possession of land measuring 22 acres and 18 guntas at Athanur village in Manvi taluk. Eshwaramma had acquired ownership over the property on the strength of the partition, registered on September 21, 1974, between her father and her brothers. Basanagouda became an exclusive legal heir of the property after his wife’s death intestate and issueless.</p>.<p>He had to file a suit for declaration of his title after his wife’s relatives started obstructing peaceful possession, owing to some hollow entries in the revenue records. The trial court, as well as the first appellate court, concluded that though there was a partition between the father of Eshwaramma and her brothers, it amounts to inheritance. Therefore, in view of the exception carved out in section 15(2) of the Hindu Succession Act, the property would go back to the brothers after the demise of Eshwaramma.</p>.<p>In his appeal, Basanagouda contended that the exception in section 15 (2) would come into play only when a female Hindu inherits the property by way of succession and not when she acquires the property by way of gift, sale or such other modes.</p>.<p>Justice Joshi noted that by registering the memorandum of partition, the parties had given effect to the partition. “Therefore, it is evident that by virtue of the memorandum of partition, the parties agreed that the shares allotted to them will be enjoyed as an absolute property.”</p>.<p>The bench also noted that it is not possible to hold that the acquisition of the property by virtue of partition is construed to be an inheritance within the meaning of section 15 (2). “Therefore, the acquisition of the property by a female Hindu either by Will or Gift will also include the acquisition by way of a partition in the family. Once there is a partition and properties have been divided by metes and bounds, it becomes the absolute property of such sharer. If the sharer had any surviving heirs at the time of partition, the property may become the joint family property of the acquirer and his family members,” the court said.</p>
