Case Note & Summary
The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration that a sale deed dated September 9, 2005, executed by their father in favor of respondent No.4 (Shivappa) was not binding on them. The trial court dismissed the suit, holding that the daughters were not coparceners at the time of the sale. On appeal, the High Court of Karnataka reversed the decision, relying on the amendment to Section 6 of the Hindu Succession Act, 1956, which confers coparcenary rights on daughters by birth. The court noted that the sale was made without legal necessity and that the burden of proof on the alienee was not discharged. Consequently, the appeal was allowed, the sale deed was declared not binding on the plaintiffs, and a preliminary decree for partition was passed.
Headnote
A) Hindu Law - Coparcenary Rights - Daughters as Coparceners - Section 6, Hindu Succession Act, 1956 - The court held that daughters are coparceners by birth under the amended Section 6, and their rights cannot be defeated by an alienation made by the father without legal necessity. The sale deed dated 09.09.2005 was set aside as not binding on the plaintiffs (Paras 1-10). B) Property Law - Alienation by Karta - Legal Necessity - Burden of Proof - The court held that the burden to prove legal necessity for alienation of joint family property lies on the alienee. The respondent failed to discharge this burden, and thus the sale was invalid (Paras 5-8). C) Civil Procedure - Partition Suit - Declaration of Title - The court allowed the appeal, set aside the trial court's dismissal, and decreed the suit for partition and separate possession of the plaintiffs' share (Paras 9-10).
Issue of Consideration
Whether the sale deed executed by the father (Karta) without legal necessity is binding on the daughters who are coparceners by virtue of the 2005 amendment to Section 6 of the Hindu Succession Act, 1956.
Final Decision
Appeal allowed. Judgment and decree dated 06.08.2012 in O.S.No.119/2008 set aside. Suit decreed. Sale deed dated 09.09.2005 executed by Mallikarjuna Balikai in favor of Shivappa is declared not binding on the plaintiffs. Preliminary decree for partition and separate possession of plaintiffs' share passed.
Law Points
- Hindu Succession Act
- 1956
- Section 6
- coparcenary rights
- daughters' rights
- alienation by Karta
- legal necessity
- burden of proof
- partition
- declaration of title
