BENGALURU: The joint family property given as dowry, gift or otherwise during marriage of the daughter-plaintiff, who claimed a right of partition with her siblings under Section 6 of the Hindu Succession Act, would have to be included in the partition.
The Karnataka high court made this observation in a recent judgment while upholding the decision of a City Civil Court in Bengaluru. “ I am of the considered opinion that a beneficiary of Section 6 of the Hindu Succession Act cannot claim a benefit by way of partition as regard to joint family properties without reference to the properties already received by her at the time of marriage as dowry/gift or otherwise. The said properties at an undisputed point of time forming part of the joint family property and the plaintiff having received it, they would also have to be made part of the partition,” Justice Suraj Govindaraj observed in his order while rejecting Hemalatha’s petition.
