Karnataka High Court: Properties Given As Dowry to Be Included In Partition Suit Instituted By Daughter under; Hindu Succession Act.

The Karnataka High Court said that properties given as dowry or otherwise at the time of the daughter’s marriage would be subject to division in a partition suit brought by the daughter.

Petitioner Hemalatha had challenge an order issued by the Civil Judge Bangalore on; August 8, 2018, allowing an application filed by the petitioner’s brother to include; two properties in the petitioner’s partition suit, claiming that; the properties given as dowry at the time of her marriage.

For the petitioner Advocate A. Nagarajappa said that; the Trial Court gave no reasons for allowing the application for amendment, and thus; the order must be set aside. Furthermore, it  stated that the; petitioner’s father-in-law purchased item No.9 and her husband purchased item No.10 with their own money, and thus they are not amenable to Partition.

Advocate Prithvi Raj B.N, who represented the respondent’s brother, argued that the properties covered by item No. 9 and 10, which were sought to be added by way of modification, were given; as dowry and hence would be amenable to partition in a suit for partition.

Court findings:

After reviewing the evidence, the court concluded that a beneficiary under Section 6 of the Hindu Succession Act cannot claim a benefit by means of division in relation to joint family holdings without first considering the possessions she got as dowry/gift or otherwise at the time of marriage.

“The said properties, at an; undisputed point in time forming part of the joint family property; the plaintiff having received it; would also have to be made part of the partition suit; in order for the partition to be equitable, thus, those properties would also be amenable to partition,” the court stated.

The court further stated that; whether the properties in question; were purchased separately and; would not be amenable to partition is a matter for the trial court to consider, and that it cannot do so.

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