A son does not have the right to mortgage a family property on which daughters also have equal rights, the Karnataka High Court (HC) has ruled. While dismissing a second appeal made against the order of a trial court, the HC ordered that the son can’t unilaterally mortgage the property of his father who dies without leaving a will.
In legal parlance, a person dying without leaving a will is known as dying intestate. In such a scenario, property of the deceased is divided among his legal heirs based on the laws applicable on his religion.
In the case titled Rukmavathi Sheregar versus K Radha Devendra Sheregar, the high court in its order dated August 17, 2023, said: “The trial court as well as the first appellate court considered the material on record and came to the conclusion that the property belongs to the daughters as well as the son… the son (alone) cannot mortgage the property, excluding others when they are the daughters of the family propositus …there is no testamentary document in favour of the son and son was not having absolute right to mortgage the property… The parties are entitled for share in the property equally.”
The case
The disputed property belonged to Veerayya Sheregar who died intestate without making any testamentary document in favour of either the son or his five daughters. After his death, the property was mortgaged by the son, Satyanarayana Sheregar to perform the wedding of one of his sisters. When Satyanarayana Sheregar could not repay the amount, the property was auctioned and the same was purchased by the father of the appellants. A suit was later filed by the first daughter for the relief of partition of ‘A’ schedule properties claiming six fair and equal shares and delivery of one such share to the plaintiff with her share of income from the said properties
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