SUBHASH LAXMAN TIPARADDI . v. SRIDEVI .

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. OF 2024 (@ SLP(C) Nos.12606-12607/2012)

SUBHASH LAXMAN TIPARADDI . & ANR. APPELLANT(S)

VERSUS SRIDEVI & ORS. RESPONDENT(S)

1. Leave granted.

2. A limited issue of question of law has arisen in these

appeals that is to the effect as to whether the

illegitimate children will get an equal share in the joint

family property or not. This issue has been answered by

this Court in ‘Revanasiddappa & Anr. Vs. Mallikarjun &

Ors’, (2011) 11 SCC 1. In the case on hand, under Exhibit

D1 there was a prior partition between Laxman, the

predecessor of both the appellants and respondent Nos. 1

to 4, and Laxman’s brother Sangappa, who is respondent No.

5. The property which Laxman got under Exhibit-D1 becomes

a joint family property along with the children of his

first wife.

3. The Trial Court has treated these properties as the self

acquired property of Laxman and gave the respective shares

to all the children including the respondent Nos. 1 to 4

and respondent No. 4/4, who are illegitimate.

4. In the light of the judgment rendered in ‘Revanasiddappa &

Anr. Vs. Mallikarjun & Ors’, (2011) 11 SCC 1, the judgment

and decree of the High Court cannot be sustained in the

eyes of law. As Laxman, who is the predecessor of both the

appellants and ...