Adoption and Daughters Equal Rights: Karnataka High Court Clarifies Partition and Joint Family Property Laws
Basappa and Others Vs Bangarevva and Others
RFA 100182 of 2014
Justice Anant Ramanth Hegde.
In a partition dispute involving joint family properties, The Karnataka High Court upheld the validity of an adoption deed under Section 16 of the Hindu Adoption and Maintenance Act, 1956, emphasizing that adoption does not divest the vested rights of other family members due to the limitations imposed by Section 12(c) of the Act. The Court recognized the plaintiff, a married daughter, as entitled to her rightful share in the ancestral properties under the Hindu Succession Act, 1956, affirming equal inheritance rights for daughters. It further ruled that properties acquired using joint family income are presumed to be joint family assets unless proven otherwise. The judgment clarified that sales or partitions by co-sharers are valid only to the extent of their respective shares, ensuring an equitable distribution of the estate.
Decided on 23rd September 2023