Partion - Exclusion of daughter - Validity - Daughter had notrelinquished her right - Sons said that they paid Rs.5,50,000/- to daughter - no documentary evidence for that - Such partition deed would not be binding on daughter

Citation

AIROnline 2023 KAR 742

Karnataka High Court

H. P. SANDESH , J.

R.S.A. - 245 of 2019 D/- 26 - 5 - 2023

Puttamma and Ors. v. S.G. Jayanthi

Hindu Succession Act (30 of 1956), S.6 - Partion - Exclusion of daughter - Validity - Partion

deed executed among defendant-sons which excluded plaintiff-daughter - Daughter had not

relinquished her right and though it was contended by the sons that they have made payment

to the tune of Rs.5,50,000/- to her, no documentary evidence was adduced - Such partition deed

would not be binding on daughter - Partition cannot be accepted as legal document - Daughter

entitled to equal share in joint family property.

 (Para 23)