Mere Allotment Of Property Without Registration Does Not Confirm Any Title Over The Said Property: Karnataka HC

The Bench dismissed a decade-long appeal regarding a property dispute where the Court upheld the decision of the Civil Court. The appellants sought to challenge a judgment that denied their claim for partition and separate possession of a property they asserted was part of a joint family estate.

A Single Bench of Justice S Rachaiah observed, “Even though the property has been allotted in favour of K.Thippanna, he died before its registration and subsequently after making necessary payment to the authority, the property has been transferred to the wife of original allottee. Therefore, the said property become absolute property of Smt.Lakshmamma in terms of Section 8 of Hindu Succession Act. As such, it can be inferred that Smt.Lakshmamma is the absolute owner of the property. Mere allotment of the property in favour of K.Thippanna without its registration does not confirm any title over the said property.”

Advocate Channakrishna represented the appellants, while H.C.G.P. Thejesh P. appeared for the respondent.

The property in question was initially allotted under the dramatist quota by the Bangalore Development Authority (BDA) during 1976-1977. Following the death of the alottee before the property’s registration, it was transferred to his wife.

The appellants argued that they were co-parceners of the property, being the wife and children of the deceased. They claimed the trial court did to recognise their contributions to the family estate and that a will should not override their entitlement to a share of the property.

“When the plaintiffs failed to prove the status of the joint family property, there is no occasion for this Court to interfere with the findings of the Trial Court in respect of dismissal of the suit. Moreover, the plaintiffs have no right over the property when the brother of the defendant was alive. If at all, if any partition is required to be sought, the brother of the defendant had to file suit for partition against the defendant,” the Court remarked.

When a party fails to prove that the said property was a joint family property and it had to be partitioned among the family members, the Bench noted, “Even though PW.1 stated in her evidence that she contributed amount to purchase the property, it cannot confer the right for partition as the allottee namely Smt.Lakshmamma becomes absolute owner of the property. The plaintiffs are not entitled for any share even though the property to be partitioned as K.Mahadev being one of the sons of Lakshmamma is alive.”

Accordingly, the High Court dismissed the appeal.

Cause Title: Smt Adhilakshmi & Ors. v. Sri. K. Chidanand

Appearance:

Appellants: Advocates Channakrishna and Srihari A.V.

Respondent: H.C.G.P. Thejesh P. and N. Anitha Girish; Advocate Gaurav Ramakrishna

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