AIR 2009 (NOC) 2109 (KAR.) ::2009 (4) AIR Kar R 2365 ::2009 (4) AIR Kar R 1

Karnataka High Court

Hon'ble Judge(s): V. Jagannathan , J

(A) Hindu Law — Relinquishment of share by coparcener — Not restricted to only by way of sale of mortgage — Brother relinquishing his interest in coparcenary property by way of gift in favour of other brother and his sons — Relinquishment enures for benefit of all other coparceners (Para 40)

(B) Hindu Law — Partition suit — Relinquishment of share by brother in favour of other brother by plaintiff — By seeking relief of partition and separate possession of their share in suit property are, in effect, calling in question deed of relinquishment which is registered document — Unless and until said deed of relinquishment is set aside, question of plaintiffs staking a claim for share in suit property will not arise (Para 42)

(C) Limitation Act (36 of 1963) Art. 58 — Suit for declaring relinquishment deed as invalid — Limitation — Elder coparcener relinquished his share in favour of other brother of plaintiff — Clear from evidence barring one plaintiff, the other had attained majority on date of execution of relinquishment deed — One of plaintiffs, who was a minor, also attained majority — Suit filed long after completion of three years period from date of attaining of majority of each one of plaintiffs — By skillfully mentioning in pleadings that plaintiffs came to know about relinquishment deed only about two months prior to filing of suit, they cannot avoid limitation period — Question of relinquishment deed being labelled as “void” does not arise (Para 50,55,56)