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V. GOPALA KRISHNA RAO
Korrapati Venkata Poornachandra Rao – Appellant
Versus
K. Midhun – Respondent
JUDGMENT :
V. GOPALA KRISHNA RAO, J.
1. This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 18.04.1996, in O.S. No.4 of 1995 passed by the learned Subordinate Judge, Avanigadda [for short 'the trial Court']. The Respondents herein are the defendants in the said Suit.
2. The appellant/plaintiff filed a Suit for partition of plaint schedule property into 3 equal shares and to allot one share each to the plaintiff and defendants 1 and 2.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.4 of 1995, are as under:
The Karta of a joint Hindu family cannot alienate a minor's undivided interest in joint family property without court permission, and the burden of proof lies on the party asserting self-acquisition.
The court emphasized the necessity of including all joint family properties in partition suits and allowed additional evidence to clarify property ownership.
The presumption of joint family property does not apply if the property is proven to be self-acquired; the burden of proof lies on the claimant of joint family property.
The power of attorney holder cannot testify on behalf of the principal, and prior partition claims were upheld due to lack of evidence from the plaintiff.
The main legal point established in the judgment is the entitlement of daughters to claim partition in coparcenary property under the amended Section 6 of the Hindu Succession Act, 1956, as per the l....
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 court upheld the trial court's order for a temporary injunction, emphasizing that issues of joint family property versus self-acquisition necessitate thorough examination during trial.
Will - In terms of Section 68 of the Evidence Act read with Section 63(c) of the Indian Succession Act, it is obligatory on the part of the appellant to examine the attestors of this Will.
Joint family property retains its character unless proven otherwise; sales by co-parceners without all parties' consent do not extinguish shared rights.
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