Bengaluru: A woman cannot claim a share as a coparcener in the self-acquired properties of her grandfather that came to her father through a family partition, Karnataka high court has ruled.Dismissing an appeal filed by Usha N Swamy, a division bench of Justices DK Singh and TM Nadaf held that rights by birth under Hindu law arise only in ancestral joint family properties, and not in self-acquired assets.The June 16 judgment said a person’s sons, grandsons and great-grandsons acquire an interest by birth only when the property is inherited from one of the three immediate paternal ancestors or devolves under Section 6 of Hindu Succession Act after its amendment on Sept 9, 2005.Usha, who married in 1979 and now lives in Illinois, US, filed a civil suit in 2014 seeking a share in properties that originally belonged to her grandfather, Muniyappa. The suit came after her father, M Venkataswamy, sold 10 acres of land.She claimed 107 acres at Kannayana Agrahara village in Anekal taluk, a site in Jayanagar 4th T Block, agricultural lands in Kengeri hobli and a house at Pattabhirama Nagar were ancestral properties in which she had coparcenary rights.However, Venkataswamy maintained that the properties were his father Muniyappa’s self-acquired assets. He said 46 acres had been allotted to him, 51 acres to his brother M Narayanaswamy and 10 acres to their sister Jayamma under a family partition.Narayanaswamy, who appeared as a witness for Usha, also stated that the properties were self-acquired assets of Muniyappa.The trial court dismissed Usha’s suit, prompting her to move the high court.After examining the records and several Supreme Court rulings, the bench observed that Section 6 of the Hindu Succession Act governs devolution of interest only in ancestral joint family property.“If the property is a self-acquired one of a member of the family, it will not be treated as joint Hindu family property, and the question of interest of a family member in that property as a coparcener does not arise,” the court said.The judges held that property obtained by Venkataswamy through partition or succession remained his separate property. Since Usha failed to prove that the assets were ancestral in the hands of her grandfather, she could not assert any right by birth. The bench upheld the trial court order dismissing the suit.
