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Documents citing Vineeta Sharma vs Rakesh Sharma & Ors on 15 May, 2018

Smt Mahanthamma vs Sri Chandrappa on 19 January, 2024

9. In response, learned counsel for the respondents does not dispute the entitlement of the plaintiff to the extent of 1/3rd share in the remaining suit schedule properties. He further submits on instruction that the respondents have no objection in modifying the decree in terms of the law laid down by the Apex Court in the case of Vineetha Sharma Vs Rakesh Sharma and Others reported in (2020) 9 SCC 1.
Karnataka High Court Cites 6 - Cited by 0 - M G Kamal - Full Document

Gunde Rao S/O Late Vihtal Rao And Anr vs Umesh S/O Late Vithal Rao And Anr on 4 November, 2024

15. Further, the plea of oral partition of the year- 2011 has also been declined by the Trial Court in view of the law laid down by the Hon'ble Apex Court in the case of Vineeta Sharma Vs. Rakesh Sharma and others reported in (2020) 9 SCC 1, wherein it has held that a plea of partition based on oral evidence alone cannot be accepted, in view of the explanation of Section 6(5) of Hindu Succession Act, 1956 and the same is to be rejected outrightly. It is now a settled law that there cannot be any oral partition subsequent to the amendment of Section 6 of the Hindu Succession Act. Therefore, no irregularity or illegality can be found with the conclusion arrived at by the Trial Court.
Karnataka High Court Cites 4 - Cited by 0 - M G Kamal - Full Document

Smt Kamalamma vs Sri Krishnappa on 19 April, 2024

NC: 2024:KHC:15593 RSA No. 1328 of 2019 alienation or prior partition effected in the manner known to law, the joint family property would remain undivided and the daughters would be entitled for equal share with that of the sons. In the instant case, there has been no proof of prior partition of the property left behind by the Channagiriyappa which fact has been confirmed and concurred by the trial Court as well as First Appellate Court. The Trial Court was justified in decreeing the suit granting 1/8th share to the plaintiff being a daughter. There was no reason or justification whatsoever for the First Appellate Court to have interfered with the same in the absence of any material evidence placed on record contrary to giving effect to Section 6 of the Hindu Succession Act, 1956, and the law laid down by the Apex Court in the case of Vineeta Sharma (supra). In that view of the matter, substantial question of law is answered accordingly.
Karnataka High Court Cites 4 - Cited by 0 - M G Kamal - Full Document

Ms Ademma D/O Late Amarappa vs Mrs Shivanamma W/O Late Adeppa on 26 August, 2022

16. The substantial question of law framed in the present appeal falls within a very narrow compass giving no scope for consideration of anything other than application of law as laid down by the Hon'ble Supreme Court in the Vineeta Sharma's case. Wherein, while dealing elaborately with all possible circumstances and issues arising in the cases of partition including the one which is being raised in the instant appeal, the Apex Court has summed up the law at paragraph No.137.1 to 137.5 of the said judgment as under;
Karnataka High Court Cites 9 - Cited by 0 - M G Kamal - Full Document

Basavanappa S/O Sidramappa Patil And ... vs Sridevi D/O Sidramappa And Ors on 22 September, 2022

15. It is not in dispute that the defendant No.2 was working as a village accountant. In the absence of defendant No.2 furnishing any acceptable evidence regarding partition, the allegation of he misusing his office and obtaining entry in his name ought to have been rebutted in the manner known to law. The Apex Court in 14 the case of Vineetha Sharma vs. Rakesh Sharma & Ors. reported in (2020) 9 SCC 1 at paragraph No.127 regarding the proof of oral partition has held as under:
Karnataka High Court Cites 5 - Cited by 0 - M G Kamal - Full Document

Sri Venkatesh vs Smt Sannathayamma on 10 January, 2024

11. In response, learned counsel for the caveator/respondent Nos.1 and 2 - plaintiffs submitted that the appellant/defendant No.4 was completely aware of the existing right of plaintiffs even when he entered into the Joint Development Agreement and has shown no regards to ensure that rights of the plaintiffs were taken care of in the matter. He also brings to the notice of the Court that a Sale Deed that has been executed by defendant No.4 acting as the Power of Attorney of defendant Nos.1 to 3 on 26.02.2011 conveying the properties in favour of defendant Nos.5 and 6 i.e., during the pendency of the suit. Thus, he submits all the contentions/grounds being urged by the appellants are contrary to the facts and law applicable to the case. He submits that no substantial question of law would arise for consideration, more particularly, in view of the law laid down by the Hon'ble Apex Court in the case of Vineeta Sharma vs. Rakesh Sharma and Others reported in (2020) 9 SCC 1 and hence, seeks dismissal of the appeal.
Karnataka High Court Cites 5 - Cited by 0 - M G Kamal - Full Document

Aruna vs Seetamma @ Roopa And Ors on 22 October, 2024

In view of the law laid down by the Hon'ble Apex Court in the case of Vineeta Sharma Vs. Rakesh Sharma and others reported in (2020) 9 SCC 1, plea of partition based on oral evidence alone cannot be accepted. In view of the explanation of Section 6(5) of Hindu Succession Act, 1956 and the same is to be rejected outrightly. It is settled law that there cannot be any oral partition subsequent to the amendment of Section 6 of the Hindu Succession Act.
Karnataka High Court Cites 4 - Cited by 0 - M G Kamal - Full Document
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