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SACHIN SHANKAR MAGADUM
P. S. Jayamma, W/o. Lakshmaiah Y. – Appellant
Versus
P. S. Nagaraj, Since Dead By His Lrs. - Smt. Anuradha – Respondent
JUDGMENT :
The captioned appeal is filed by unsuccessful plaintiff questioning the judgment and decree dated 3.9.2009 passed in O.S.No.3553/2004 wherein the suit filed by the plaintiff for partition and separate possession is dismissed.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
3. The brief facts of the case are as under: The plaintiff and defendants 1 to 4 are brothers and sisters. At para(2) of the plaint, it is specifically contended that plaintiff and defendants 1 to 4 are children of Late P. Srinivasaiah and Smt.Lakshmidevamma. The defendants 5 to 16 are the tenants of the suit schedule properties.
3(a) The plaintiff has specifically contended that she constitutes an Hindu Undivided family. Plaintiff claims that suit properties were purchased by her father Late P. Srinivasaiah from joint family funds and ancestral nucleus. Plaintiff claims that after death of her parents she is in joint possession and enjoyment over the suit schedule properties. It is also specifically contended by the plaintiff that after the death of her father, her mother was managing the properties and after the death of plaintiff's mother, defendant
The burden of proof in establishing joint family nucleus and self-acquisition of properties lies with the plaintiff and defendants respectively. The due execution of a Will can be established through....
Will validly proved by attesting witness; plaintiff failed to establish joint family property for partition entitlement.
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
The validity of a Will executed by a testator in sound mind is upheld, establishing self-acquisition of property over claims of joint family ownership.
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
Court ruled that ancestral property retains its character despite prior partition and upheld the validity of a Will despite exclusion of a natural heir.
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