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BANDARU SYAMSUNDER
Urrakula Ramayamma – Appellant
Versus
Palla Ramayamma – Respondent
JUDGMENT :
The appellants are plaintiffs in O.S.No.54 of 1992 on the file of Additional Senior Civil Judge, Rajahmundry. The respondents are defendants in the suit. The appellants have filed suit against respondents for partition of plaint schedule house property bearing door No.10-349(20-20-8) situated in 10th Ward, at Tummalava of Rajahmundry Municipality, East Godavari District into three equal shares and to allot two such shares to them and for future profits.
2. The appellants and respondents hereinafter referred to as plaintiffs and defendants, as arrayed before the trial Court.
3. The plaintiffs and one Mr.Palla Hanumantha Rao are children of late Smt.Palla Veeramma and Mr.Tatayya. Whereas, first defendant is the wife and defendants 2 to 4 are the children of late Mr.Palla Hanumantha Rao. The plaintiffs have instituted the suit against the defendants seeking relief of partition of plaint schedule house property into three equal shares and to allot two such shares to them stating that house bearing door No.10/349(20-20-8) situated in 10th Ward, within the municipal Corporation limits of Rajahmundry Municipality of East Godavari District, originally belongs to one Smt.Palla Veera
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
The court established that a Will must comply with statutory requirements to be considered valid, emphasizing the importance of proper attestation and execution.
The court upheld the trial Court's decree for partition, ruling that the alleged Will was not proved, affirming the properties as joint family assets.
The main legal point established in the judgment is the requirement to prove the validity of a Will and the consequences of non-joinder of necessary parties in a partition suit.
Point of law : Section 68 only envisages the examination of one among the two attestors to establish the execution of Will.
The main legal point established in the judgment is the importance of due execution and proof of a Will in succession cases, and the requirement for sufficient evidence to establish the validity of a....
The main legal point established is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
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