Son Does Not Have Right To Unilaterally Mortgage Property Devolved From Intestate Succession Also Belonging To Daughters: Karnataka HC

The Karnataka High Court held that the disputed property belonged to the daughters as well as the son and therefore, the son did not have the absolute right to mortgaged the property unilaterally.

The Court dismissed a Second Appeal challenging the order and decree of the Trial Court, wherein the Court concluded that the son of the deceased did not have the right to unilaterally mortgage the property of the father without the consent of the daughters after the father died intestate.

Justice H.P Sandesh observed, “Hence, both the Trial Court as well as the First Appellate Court considered the material on record and the First Appellate Court also re-appreciated both oral and documentary evidence placed on record and comes to the conclusion that the property belongs to the daughters as well as the son and only the son cannot mortgage the property, excluding others when they are the daughters of the family propositus Veerayya Sheregar and the same will not convey any right and taken note of the fact that there is no testamentary document in favour of the son and son was not having absolute right to mortgage the property. Therefore, the First Appellate Court comes to the conclusion that the parties are entitled for share in the property equally. Hence, I do not find any error committed by the Trial Court and the Trial Court also taken note of entitlement of the daughters along with the son of Veerayya Sheregar and the First Appellate Court also reassessed the same considering both oral and documentary evidence placed on record and not committed any error”.

Advocate Rakshith Kumar appeared on behalf of the Appellants.

The dispute arose over a piece of land known as “A” schedule property. The son of VA, Satyanarayana Sheregar, had mortgaged the property to raise money for the marriage of one of his sisters. When he was unable to repay the loan, the property was auctioned off and purchased by the father of the Appellants. The Trial Court concluded that the father of the Appellants had purchased the property for the benefit of the family and that the son of VA did not have the exclusive right to mortgage it. The Trial Court also held that the daughters of VA were entitled to share in the property, even though their father had died intestate. The First Appellate Court upheld the decision. A Second Appeal was filed before the High Court by the eldest daughter of Veerayya Sheregar (VA), who died intestate in 1982. The Trial Court had ordered that the property be divided equally among all six heirs.

The High Court noted that both the Trial Court and the First Appellate Court had considered the evidence and concluded that the property belonged to the daughters as well as the son of VA. The Court also noted that the son of VA did not have the sole right to mortgage the property, as it belonged to all the children equally. Therefore, the Court held that the First Appellate Court was right in concluding that the daughters were entitled to a share in the property.

Accordingly, the Court dismissed the Appeal.

Cause Title: Smt. Rukmavathi Sheregar v Sri. K. Radha Devendra Sheregar

Click here to read/download Judgment