Mere Allotment Of Property Without Registration Does Not Confirm Allottee's Title: Karnataka High Court

The Karnataka High Court ruled that the wife of an original allottee becomes the absolute owner of the property if the allottee dies before registration and the property is later transferred to her name upon making the necessary payment. Justice S Rachaiah dismissed an appeal by Adhilakshmi and others, who challenged a trial court decision rejecting their suit for partition. \r

\r

The court determined that Lakshmamma, the widow of the original allottee K. Thippanna, became the absolute owner under Section 8 of the Hindu Succession Act after the property was registered in her name. The appellants, Thippanna’s descendants, argued they were entitled to a share as coparceners, but the court found no evidence proving the property was a joint family asset. \r

It was noted that K. Mahadev, one of Thippanna's sons, had relinquished his rights in favor of the defendant, K. Chidanand, who possessed the property via a will from Lakshmamma. The court upheld the trial court's dismissal, stating that the plaintiffs had no claim, especially since Mahadev had not contested the relinquishment deed. Advocate A Ram Mohan represented the appellants, and Advocate Murali N represented the respondent.