Bengaluru: The High Court rejected the brother’s argument that the sister has no right to ask for a share in the father’s property despite the property pledged for her marriage, and said that the daughter also has an equal right to the father’s property. The High Court divisional bench headed by Justice P. S. Dinesh Kumar on May 3 passed this order. The bench delivered the order after it heard a writ petition filed by Venkateshaand his wife Venkata Lakshmamma, residents of Yellapura Village in Tumakur District.
The petitioner contended that he mortgaged his father’s land and married off his sister and also gave gold jewellery. Later the father’s debt was paid and the land was taken back. Therefore, rejecting the argument that the sister does not have an equal right over the father’s property and she cannot be given a share in the property, the High Court ordered that the daughter has an equal share in the father’s property along with the son.
Referring to Vinita Sharma’s case, the Supreme Court has ruled that the daughter is also entitled to a share equal to the son in the father’s property.
Accordingly in this case it was ordered that Lakshmidevamma, the sister-in-law of the appellant Venkatesh, was also entitled to share in his father’s property. After repaying loan it does not create a personal right over the land. The High Court held that the appellants had failed to prove that the land in dispute belonged to Govindaiah and ordered that Lakshmidevamma has share in the Kalagiriappas property.
Lakshmidevamma and Govindaiah are children of deceased Kalagiriyappa of Yallapura Village in Tumakuru. Kalagiriyappa’s daughter Lakshmidevamma filed a civil suit in 2011 seeking a share in her father’s property. The disputed property was registered in the year 1943 to 1949 in the name of her father Kalagiriappa. Father died in 1964. Father’s property is in possession of brother Govindaiah’s family. Govindaiah also died and his wife and children were enjoying the property. Therefore, the petitioner requested that her brother’s son and wife should be ordered to give her a share in the property.
The civil court which heard the case, ordered in 2018 that Lakshmidevamma has a share in her father’s property.
Challenging this order, Govindaiah’s son Venkatesh and his wife Venkatalakshmapa appealed to the High Court. During the hearing, the appellant’s lawyer said that daughter Lakshmidevamma was married in 1963. Kalagiriappa died in 1964. His son Govindaiah succeeded him. In connection with the litigation, Kalagiriappa had taken a loan by mortgaging two acres of land. He married off Lakshmidevamma by using that loan amount. She was given many valuable things including gold ornaments. The petitioners advocate told the court that Lakshmidevamma would become a member of a joint family soon after marriage. Also, in 1971, Govindaiah joined the Police Department. Later the property was put up for auction as the loan was paid off.
Govindappa paid off the debt and took back the property. This makes it Govindaiah’s land and hence, Lakshmidevamma has no right on the property.