• Home
  • About Us
  • Terms and Conditions
  • Privacy Policy
  • Share Your Story
  • Advertise With Us
  • Contact Us
Voice For Men
ads
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
  • HOME
  • IN THE NEWS
    • ALLEGED FALSE RAPE
    • 498A CASES
    • MURDER
    • SUICIDE
    • IMPACT ON CHILDREN
    • CRIME HAS NO GENDER
    • ADULTERY
    • ALIMONY
    • DOMESTIC VIOLENCE
  • IN THE LAW
    • HIGH COURT
    • SUPREME COURT
    • OTHER COURTS
  • IN THE SOCIAL
    • GENDER STORIES
    • BLOGS
  • HIS STORY
    • SPEAK UP MEN
    • SUCCESS STORY
  • NON TIER-I CITIES
  • Donate To Us (80G Eligible)
  • वौइस् फॉर मेंन हिंदी
No Result
View All Result
Voice For Men
No Result
View All Result
Home IN THE LAW HIGH COURT

READ ORDER | Wife Cannot Claim Partition In Ancestral Property of Husband: Karnataka High Court Dharwad Bench

Team VFMI by Team VFMI
January 12, 2022
in HIGH COURT, IN THE LAW
0
mensdayout.com
READ ORDER | Maintenance Awarded To Wife Under Domestic Violence Act Cannot Be Enhanced U/s 127 CrPC (Representation Image Only)

READ ORDER | Maintenance Awarded To Wife Under Domestic Violence Act Cannot Be Enhanced U/s 127 CrPC (Representation Image Only)

521
VIEWS

In a judgement dated January 21, 2021, the Karnataka High Court Dharwad Bench ordered that a wife cannot claim partition in the ancestral property of her husband.

The court also said that during the lifetime of a male Hindu, neither his wife nor children can claim partition in his self-acquired property. The right to seek partition arises after the dean of a male Hindu.

Case:

The High Court was hearing an appeal against the Judgment and Decree of Lower Court, whereby 1/3rd of share of the property was given to the Plaintiff (brother/son).

Plaintiff, First Defendant and Sukhraj, are all sons of Bhaktawarmal, who executed a will on 03.04.1982, giving life interest to his wife, Sundar Bai, in the property which was a residential building.

The will directed that after the death of Sundar Bai, three sons should enjoy the property in equal rights till their lifetime and thereafter the property should go to the Grand Children.

Sundar bai (Wife) enjoyed property till her death, and later her 3 sons inherited the property. The First defendant was collecting the rents from some portions of the property that had been let out and giving 1/3rd share in rents to the Plaintiff until March 2004.

After sometime the Defendant No.1 stopped paying rent to other brother and claimed that Sundar Bai had executed a will dated 19.05.1995 in his favour in respect of the property.

The main contention of the first defendant was that by virtue of Section 14(1) of Hindu Succession Act, the mother became the absolute owner and thus derived testamentary capacity to make a will in his favour.

Karnataka High Court Dharwad Bench

After hearing the arguments of all parties, the Court concluded that, in the context of Section 14(1), a pre-existing right can be defined as a right possessed by a woman to lay claim on the entire or a portion of the property; it can also include the right to inherit the property by birth, as in the case of Hindu coparceners, the right to succeed to self acquired properties of a male Hindu, and the right to claim maintenance.

If a husband abandons his wife and fails to pay her with maintenance, she can undoubtedly claim maintenance as a legal right, and this right extends over the husband’s self acquired property, albeit she has no right to share in her husband’s self obtained property throughout his lifetime.

Furthermore, the Court held that if a husband executes a will in respect of his self-acquired property or his interest in coparcenary property as contemplated in Section 30 of the Act, creating only a life interest in favour of his wife, such a bequest cannot be said to be in recognition of a wife’s pre-existing right to maintenance. 

As a result, the Court determined that the bequest in favour of Sundar Bai, because it exceeded the actual amount she would have received if Bhaktawarmal had died intestate, was a new interest established in her favour. Though it was limited, it did not fall outside the purview of Sec. 14(1) of the Act, hence Sec. 14(2) of the Act comes into play.

The Court gave an illustration to explain the issue:

If a male Hindu with self-acquired property dies intestate, leaving behind a wife and two boys, his heirs, including the wife, each receive a third share.

If the property is ancestral, the wife does not receive a third portion; rather, her share is reduced to one-ninth by using the law of notional partition. As a result, a wife’s pre-existing right is limited to one-third of her husband’s self-acquired property and one-ninth in the event of ancestral property.

READ ORDER
Sri S.B. Sampat Kumar Vs Sri S.B. Parasmal and AnotherDownload

ALSO READ –

Uttarakhand Becomes First State To Give Co-Ownership Rights To Wives In Husband’s Ancestral Property

READ ORDER | Bombay HC Orders Son & Daughter-in-Law To Vacate Flat Of Elderly Parents Citing Harassment

Supreme Court Orders Brother-in-Law To Pay Monthly Maintenance To Widow Wife & Child

Supreme Court Orders Brother-in-Law To Pay Monthly Maintenance To Widow Wife & Child

Woman Files FIR Alleging Triple Talaq, Gang Rape; Man Claims False Case Since He Demanded Loan Money Back

ALSO WATCH – 

Irretrievable Breakdown In Marriage Law | Mukul Rohatgi on 50% Property Share to Divorced Wives (2013)

Join our Facebook Group or follow us on social media by clicking on the icons below

Donate to Voice For Men India

Blogging about Equal Rights for Men or writing about Gender Biased Laws is often looked upon as controversial, as many 'perceive' it Anti-Women. Due to this grey area - where we demand Equality in the true sense for all genders - most brands distance themselves from advertising on a portal like ours.

We, therefore, look forward to your support as donors who understand our work and are willing to partner in this endeavour to spread this cause. Do support our work to counter one sided gender biased narratives in the media.

Donate Now (80G Eligible)

To make an instant donation, click on the "Donate Now" button above. For information regarding donation via Bank Transfer, click here.

Follow Us

Tags: ancestral propertydharwad bench of karnataka high courthigh court judgementsin the lawkarnataka high court
Team VFMI

Team VFMI

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Support Us To Spread The Cause
  • Trending
  • Comments
  • Latest
mensdayout.com

Husband Sends Wife To NZ On Study Visa By Paying Rs 21 Lakhs | Wife Blocks His Mobile After Reaching

October 2, 2019
mensdayout.com

Humans Of Bombay Post One-Sided Sob Story By Wife; Here’s What Brother Of Deceased Husband Has To Say

June 8, 2020
mensdayout.com

Bengaluru Woman Alleged Assault | Zomato Delivery Man Shares His Side Of Story

March 11, 2021
mensdayout.com

Daughter Takes Mum On Her Honeymoon; Months Later Mother Is Pregnant With Son-In-Law

January 20, 2020
mensdayout.com

Accountant Left 24-Page Suicide Note Alleging Harassment And Infidelity By Wife

23
mensdayout.com

ASCI Upholds Complaint | CARS24 Sexist Ad To Be Modified Or Withdrawn By June 17

16
mensdayout.com

“I Curse Myself For Getting My Son Married As Per Indian Laws”: Story Of A Senior Citizen Father

15
mensdayout.com

Greta Thunberg – Zero Solutions – Nominated For Nobel Prize | Boyan Slat – Ocean Cleanup Project Goes Unnoticed

12
voiceformenindia.com

WATCH | Bengaluru Woman Throws Hearing & Speech Impaired Daughter From Balcony; Arrested

August 8, 2022
voiceformenindia.com

Ahmedabad | Wife, Her Alleged Lover Arrested For Getting Husband Murdered In Staged Car Accident Since He Was Obstacle In Relationship

August 8, 2022
voiceformenindia.com

READ ORDER | Mumbai Court Denies Rs 1 Lakh Maintenance To Dentist Wife; Asks Her To Find Job

August 8, 2022
voiceformenindia.com

WATCH VIDEO | 7-Year-Old Boy Turns Zomato Delivery Boy After His Father Meets With Accident; Works From 6pm To 11pm

August 4, 2022

Follow Us

Recent News

voiceformenindia.com

WATCH | Bengaluru Woman Throws Hearing & Speech Impaired Daughter From Balcony; Arrested

August 8, 2022
voiceformenindia.com

Ahmedabad | Wife, Her Alleged Lover Arrested For Getting Husband Murdered In Staged Car Accident Since He Was Obstacle In Relationship

August 8, 2022
voiceformenindia.com

READ ORDER | Mumbai Court Denies Rs 1 Lakh Maintenance To Dentist Wife; Asks Her To Find Job

August 8, 2022
voiceformenindia.com

WATCH VIDEO | 7-Year-Old Boy Turns Zomato Delivery Boy After His Father Meets With Accident; Works From 6pm To 11pm

August 4, 2022

Subscribe To Our Newsletter

    Subscribe to our mailing list to receive monthly updates in your inbox!

    Voice For Men

    Voice For Men India publishes articles about Men's Rights, Gender Biased Laws, Impact on Children of Separated Parents & His Story. Do check out the "Other Side.

    Follow Us

    Browse by Category

    • 498A CASES
    • ADULTERY
    • ALIMONY
    • ALLEGED FALSE RAPE
    • BLOGS
    • CRIME HAS NO GENDER
    • DOMESTIC VIOLENCE
    • GENDER STORIES
    • HIGH COURT
    • HIS STORY
    • IMPACT ON CHILDREN
    • IN THE LAW
    • IN THE NEWS
    • IN THE SOCIAL
    • MURDER
    • NON TIER-I CITIES
    • OTHER COURTS
    • SPEAK UP MEN
    • SUCCESS STORY
    • SUICIDE
    • SUPREME COURT
    • Uncategorized

    Recent News

    voiceformenindia.com

    WATCH | Bengaluru Woman Throws Hearing & Speech Impaired Daughter From Balcony; Arrested

    August 8, 2022
    voiceformenindia.com

    Ahmedabad | Wife, Her Alleged Lover Arrested For Getting Husband Murdered In Staged Car Accident Since He Was Obstacle In Relationship

    August 8, 2022
    • Home
    • About Us
    • Terms and Conditions
    • Privacy Policy
    • Share Your Story
    • Advertise With Us
    • Contact Us

    © 2019 Voice For Men India

    No Result
    View All Result
    • HOME
    • IN THE NEWS
      • ALLEGED FALSE RAPE
      • 498A CASES
      • MURDER
      • SUICIDE
      • IMPACT ON CHILDREN
      • CRIME HAS NO GENDER
      • ADULTERY
      • ALIMONY
      • DOMESTIC VIOLENCE
    • IN THE LAW
      • HIGH COURT
      • SUPREME COURT
      • OTHER COURTS
    • IN THE SOCIAL
      • GENDER STORIES
      • BLOGS
    • HIS STORY
      • SPEAK UP MEN
      • SUCCESS STORY
    • NON TIER-I CITIES
    • Donate To Us (80G Eligible)
    • वौइस् फॉर मेंन हिंदी

    © 2019 Voice For Men India