VENUTHURUMALLI GOPALA KRISHNA RAO
S. Suryanarayana Reddy (Died) – Appellant
Versus
S. Nanjamma (Died) – Respondent
JUDGMENT :
Venuthurumalli Gopala Krishna Rao, J.
The appeal is filed against the judgment and decree dated 07-01-2004 passed by the learned Senior Civil Judge, Kadiri, Anantapur District, in O.S.No.18 of 1993. The suit is filed for the relief of partition and separate possession of 3/8th share of plaintiffs 2 and 3 in the plaint schedule properties and to direct the defendant to pay future mesne profits to the plaintiffs from the date of plaint till the date of delivery of properties to the plaintiffs and for costs of the suit.
2. The case of the plaintiffs as narrated in the plaint, in brief, is as follows:
Ravinder Kaur Grewal v. Manjit Kaur
Kale v. Director of Consolidation (1976) 3 SCC 119
Bhoop Singh v. Ram Singh (1995) 5 SCC 709
A party who has relinquished their rights in joint family properties cannot later claim partition or execute a will regarding those properties.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
The main legal point established in the judgment is that the burden of proof lies on the party claiming a prior partition, and in the absence of documentary evidence, unchallenged evidence of the opp....
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
The property in question ceased to be ancestral due to prior Release Deeds; plaintiffs failed to prove their claim for partition and their action was barred by limitation.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.