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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. JUSTICE K. MANMADHA RAO, J
S. Bhaskar Reddy – Appellant
Versus
S Raghu Rami Reddydied By L Rs – Respondent
JUDGMENT :
K. MANMADHA RAO, J.
The present Second Appeal is preferred by the appellants aggrieved by the Decree and Judgment dated 08.05.2024 passed in A.S.No.63 of 2018 on the file of the VI Additional District Jduge, Kurnool by parly allowing the preliminary decree passed in O.S No.573 of 2011 dated 03.07.2018 on the file of the Principal Senior Civil Judge, Kurnool
2. The appellant herein is plaintiff and the respondents herein are the defendants in O.S.No.573 of 2011 on the file of Principal Junior Civil Judge, Kurnool (for short “the trial Court”).
3. For convenience the parties are hereinafter referred to as arrayed before the Principal Senior Civil Judge, Kurnool (for short “the trial Court”) in O.S..No.573 of 2011.
4. Brief facts of the case are that the plaintiff is the son of the defendant. He is co-parcener along with the defendant constitute Hindu undivided joint family. The plaint schedule property is undivided joint family property which is the ancestral property. The plaintiff and the defendant are in joint possession and enjoyment of the plaint schedule property. The parties to the suit as coparceners have unchallenged half share in the suit schedule property. Sambhasiva
The court ruled that properties devolved under Section 8 of the Hindu Succession Act are not ancestral and thus not subject to partition among coparceners.
(1) Second Appeal – In a second appeal, High Court shall not reverse findings of both Courts below except under few situations.(2) Hindu Succession (Amendment) Act, 2005 enables daughters to exercise....
The court affirmed that property acquired from ancestral funds is joint family property, entitling the plaintiffs to a share and maintenance.
The High Court's review under Section 100 of the Civil Procedure Code is restricted to substantial questions of law, with no interference allowed on factual findings absent error.
The ancestral property, while partitioned, remains joint family property, allowing children of a coparcener to claim their legitimate share despite their father's sale to others.
Partition rights and classification of properties under succession laws are critical in determining share entitlement among siblings.
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