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A. BADHARUDEEN
Gangadevi W/o. Krishnan Menon – Appellant
Versus
Bhaskaran Nair S/o. Kolleri Parakukutty Amma – Respondent
JUDGMENT :
This appeal has been filed at the instance of the 2nd defendant in O.S.No.809/2012 on the files of the Principal Sub Court, Irinjalakkuda. Respondents are the plaintiff and other defendants.
2. Heard the learned counsel for the appellant/2nd defendant and the learned counsel appearing for respondents 1, 3, 4 and 5 who are the plaintiff, defendant Nos.1, 3, 4 and 7 in the suit.
3. The parties in this appeal will be referred to as 'plaintiff' and 'defendants' with reference to their status before the trial court hereafter for easy reference.
4. The short facts are as under;
The plaintiff, who is the son of late Parukkutty Amma, instituted the suit claiming partition of the plaint schedule property, contending that the same is a property obtained by late Parukkutty Amma, as the sixth party in partition deed No.808/1959 of Nelayi SRO, as 'F' schedule thereon. After the execution of the partition deed, Sankarankutty also was born and thereafter on 03.05.2006, Parukkutty Amma died. According to the plaintiff, since the parties are Hindus governed by the Hindu Succession Act, the plaint schedule property is liable to be partitioned in between the plaintiff and defendants. Accordingl
The court affirmed that property must be proven as tharavad to apply Marumakkathayam law, emphasizing community interest and unity of possession.
Under Marumakkathayam law, property obtained by a female and her children in partition retains its tharwad characteristics, ensuring rights for future descendants.
Properties can retain thavazhi character post-partition under the Madras Marumakkattayam Act, allowing joint holding despite per capita division.
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....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
Property purchased in wife's name from husband's funds pre-1956 is not Sthreedhanam but limited estate reverting to male heirs under Mitakshara law.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
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