Hindu Succession - Property purchased by mother becomes her absolute property - Will executed by her is valid

Karnataka High Court Upholds Validity of Will, Dismisses Appeal Over Property Dispute. Court affirms mother's absolute ownership under Hindu Succession Act, 1956, dismissing claims based on unexecuted partition document.

In a significant ruling, the Karnataka High Court, presided over by Justice H.P. Sandesh, dismissed the Regular Second Appeal No. 487 of 2021, affirming the decisions of the lower courts which upheld the validity of a Will executed by Smt. Thangavva, declaring her daughters the rightful owners of the disputed property. The property, originally purchased by Thangavva in 1974, was under contention after her sons claimed joint ownership based on a 1976 partition document that was never acted upon.

The case involved a dispute between Sri. T.P. Bheemaiah, the appellant, and his sibling respondents, Sri. T.P. Lokappa and others, regarding the ownership of property bequeathed by their mother, Thangavva. The appellant challenged the validity of the Will, arguing that the property was meant to be shared among the male heirs post the marriage of the daughters, as per a mahazar (partition document) from 1976.

The court, however, found that the mahazar did not confer any legal rights as it was never executed. Instead, the property remained the absolute possession of Thangavva, who had the legal right to bequeath it as she saw fit under Section 14(1) of the Hindu Succession Act, 1956. The court emphasized that the Will, executed in 2012, was valid, duly registered, and executed when Thangavva was of sound mind, with no suspicious circumstances surrounding its execution.

The trial court had initially decreed in favor of the plaintiffs, granting them a declaration of ownership and permanent injunction against the defendants. This decision was upheld by the First Appellate Court, leading to the present appeal. The High Court, in dismissing the appeal, underscored the principle that unexecuted agreements, such as the mahazar, do not hold legal weight when a valid Will is in place.

This judgment reinforces the rights of women under the Hindu Succession Act and underscores the importance of properly executed and registered Wills in determining property rights. The decision also serves as a reminder of the limitations of unexecuted partition documents in property disputes.

Bottom Line:

Hindu Succession Act - Property purchased by mother becomes her absolute property under Section 14(1) - Will executed by the mother upheld as valid - Mahazar (partition document) not acted upon and does not confer any legal rights on the appellant.

Statutory provision(s): Hindu Succession Act, 1956 Section 14(1), Indian Succession Act, Evidence Act

Sri. T.P. Bheemaiah v. Sri. T.P. Lokappa, (Karnataka) : Law Finder Doc Id # 2796625