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2020 Supreme(SC) 449

SANJAY KISHAN KAUL, K.M.JOSEPH
V. Kalyanaswamy(D) By Lrs. – Appellant
Versus
L. Bakthavatsalam(D) By Lrs. – Respondent


Advocates Appeared:
For the Appellant :V. Mohana, B. Ragunath, Vijay Kumar, S. Nandakumar, V. N. Raghupathy, Deepika Nandakumar, M.S. Saran Kunar, Anil Kaushik, Shiv Prakash Pandey, R. N. Keswani, M.P. Parthiban, Advocates
For the Respondent:V. Balachandran, K. K. Mani, Revathy Raghavan, S. Guru Krishna Kumar, K.Parameshwar, M.V. Mukunda, Advocate, Tushar Bakshi, Ankolekar Gurudatta, V. Raghavachari, Prabha Swami, Nikhil Swami, Divya Swami, V. N. Raghupathy, R. N. Keswani, Advocates

Judgement Key Points

The legal principles outlined in the provided document emphasize several key points relevant to property and succession law:

  1. Cause of Action vs. Relief Sought: It is important to distinguish between the cause of action and the relief sought in a suit. The cause of action relates to the fundamental basis or grounds for filing the suit, whereas the relief pertains to the specific remedy or reliefs claimed. Omissions or relinquishements of certain reliefs do not necessarily bar subsequent suits if the cause of action differs, but if the cause of action remains the same, subsequent suits may be barred.

  2. Vested vs. Contingent Interests: Vested interests in property are rights that have already come into existence and are heritable, while contingent interests depend on future conditions. The document underscores that vested interests, once established, confer legal rights that are heritable, and such rights are distinct from contingent interests, which have vastly different legal consequences.

  3. Proof of Will and Capacity: The capacity of a person to make a valid Will is not necessarily affected by physical ailments or pain, provided they are conscious of their actions and the Will reflects their true intentions. The law requires that a Will be executed with sound disposing capacity, which is different from physical well-being. The proof of Will involves establishing proper attestation, which can be done through direct evidence of attesting witnesses or through statutory provisions that allow proof in the absence of witnesses, provided certain conditions are met.

  4. Legal Effect of Declarations and Notices: A unilateral declaration or notice, such as a newspaper publication declaring a division in a joint family, can constitute a legal act of severance if it clearly indicates an intention to sever the joint family status and is communicated effectively to the other members. However, mere publication without proof of actual communication or knowledge to the concerned parties may not have the legal effect of bringing about a division.

  5. Communication and Knowledge: For a declaration or notice to effect a division in joint family status, it must be communicated to and known by the other coparceners or interested parties. The absence of evidence of such communication can invalidate the claim that a division has been effected through such means.

  6. Legal Effect of Partition and Severance: A unilateral declaration of separation or division in a joint family can, under certain circumstances, be sufficient to effect a severance of joint status, even without physical partition by metes and bounds. The key is that the declaration must be clear, unequivocal, and effectively communicated. Once a division in status occurs, the rights in the property are separated, and the principles of survivorship cease to apply to the divided interests.

  7. Impact of Legislation: Legislative provisions, such as the Hindu Succession Act and the Hindu Women’s Right to Property Act, have introduced specific rules governing rights of women, the effect of partition, and the nature of property interests. These laws have modified traditional concepts, allowing, for example, a Hindu woman to acquire full ownership rights or to claim rights under a Will or partition, subject to certain conditions.

  8. Proof and Evidence: The proof of a Will, especially when attestation witnesses are unavailable, can be established through statutory provisions that permit proof via handwriting or other circumstantial evidence, provided the legal requirements are satisfied. The document highlights the importance of adhering to statutory proof standards to establish the validity of a Will.

In summary, the legal principles underscore the importance of clear communication, proper proof of Will, understanding the nature of property interests, and the effects of unilateral declarations or notices in establishing or contesting rights in property and succession matters.


JUDGMENT

K.M. Joseph, J.

One R. Venkitusamy Naidu had two sons and five daughters. Lakshmiah Naidu and Rangaswami Naidu were the sons of R. Venkitusamy Naidu. Rangaswami Naidu was married to one R. Krishnammal. They had no issues. Lakshmiah Naidu had four sons, viz., Bakthavatsalam,Venkatapathy, Jagannathan and Ramaswamy. Two civil suits have generated these appeals by special leave before us. O.S. No. 649 of 1985 has been filed by those who claimed under Lakshmiah Naidu whereas the plaintiff in O.S. No. 89 of 1983 is one of legatees under a Will allegedly executed by Rangaswami Naidu. The plaint schedule properties in both the civil suits are the same.

2. The first suit, viz., O.S. No. 649 of 1985 (as the said suit was initially filed as O.S. No. 2063 of 1982 and it is re-numbered as O.S. No. 649 of 1985) was filed to declare the title of the plaintiffs to the suit property and for injunction against the defendants in the suit properties. The relief sought inter alia in O.S. No. 89 of 1983 are as follows:-

    "(a) declaring the title of the plaintiff to an l/3rd share of the properties described in Schedule I, hereunder or l/4th share in the properties, described in Schedule II hereunde


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