The Karnataka High Court said that properties given as dowry or in any case at the time of the daughter’s marriage would be amenable for division in a partition suit brought by the daughter.
Petitioner Hemalatha had challenged an order given by the Civil Judge Bangalore on; August 8, 2018, permitting an application documented by the petitioner’s sibling to incorporate; two properties in the petitioner’s partition suit, asserting that; the properties given as dowry at the time of her marriage.
For the petitioner Advocate A. Nagarajappa said that; the Trial Court gave no explanations for permitting the application for amendment, and therefore; the request should be set aside. Besides, it expressed that the; petitioner’s father by marriage bought item No.9 and her husband bought item No.10 with their own cash, and accordingly they are not amenable to Partition.
Advocate Prithvi Raj B.N, who addressed the respondent’s sibling, contended that the properties covered by item No. 9 and 10, which were tried to be added via adjustment, were given; as dowry and thus would be amiable to partition in a suit for partition.
The court concluded that a recipient under Section 6 of the Hindu Succession Act can’t claim an advantage through division when related to joint family property without first considering the belongings she got as dowry/gift or in any case at the time of marriage.
“The said properties, at an; undisputed point in time forming part of the joint family property; the plaintiff having received it; would also have to be made part of the partition suit; in order for the partition to be equitable, thus, those properties would also be amenable to partition,” the court said.
The court also said that; regardless of whether the properties in question; were bought independently and; wouldn’t be amiable to partition is a matter for the trial court to consider, and that it can’t do that.