Supreme Court modifies Partition Decree, excludes self-acquired properties from share of man’s daughters from first-wife
Justice MM Sundresh& SVN Bhatti [08-07-2024]

Read Order: SHASHIDHAR AND OTHERS v. ASHWINI UMA MATHAD AND ANOTHER [SC- CIVIL APPEAL NOS. 3780-3781 OF 2020]

LE Correspondent

New Delhi, July 10, 2024: The Supreme Court has partially allowed appeals filed by Shashidhar and others against a Karnataka High Court judgment in a property partition case.

The case relates to a partition suit filed by Ashwini Uma Mathad and another, daughters of Shashidhar through his first wife, seeking half of one-third share each in several ancestral properties. The trial court had passed a preliminary decree granting them shares in the properties. On appeal by both sides, the Karnataka High Court had modified the trial court decree, granting enhanced shares to the plaintiffs (Ashwini and another). Aggrieved, Shashidhar and others approached the Supreme Court.

After hearing arguments, a Division Bench of the apex court concluded that the High Court was not justified in including certain properties, more particularly described in serial number 2 of the schedule, as part of the ancestral properties available for partition. The top court noted that these were self-acquired properties of Shashidhar which he received through succession or transfer from his mother and sister. Hence, the plaintiffs cannot claim a share in them.

"The inclusion of the properties described in Sl. No. 2 (supra) as forming part of the coparcenary is untenable and illegal... Therefore, the Appeal is allowed by excluding Sl. No. 2 from partition, and thus, the preliminary decree stands modified to that extent," the court ordered. However, the bench confirmed the High Court's preliminary decree with respect to other ancestral properties described in serial numbers 1, 3, 4 and 5. The Supreme Court also declined to interfere with the shares allotted to the plaintiffs in those properties. The top court partially allowed the appeals and confirmed the rest of the High Court findings.