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R. VIJAYAKUMAR
P. Radha @ Radhakrishnan – Appellant
Versus
Irudayadoss – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.5 of 2015 on the file of the Principal District Court, Madurai, dated, 13.04.2018, reversing the judgment and decree passed in O.S.No.88 of 2010 on the file of the II Additional Subordinate Court, Madurai, dated, 07.07.2014.
Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.32 of 2014 on the file of Principal District Court, Madurai, dated, 13.04.2018, reversing the judgment and decree passed in O.S.No.88 of 2010 on the file of the II Additional Subordinate Court, Madurai, dated, 07.07.214.
Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.9 of 2018 on the file of Principal District Court, Madurai, dated, 13.04.2018, reversing the judgment and decree passed in O.S.No.88 of 2010 on the file of the II Additional Subordinate Court, Madurai, dated, 07.07.214.)
Common Judgment
1. The plaintiff is the appellant.
2. The plaintiff filed a suit for partition of his half share in the suit schedule properties and for permanent injunction, restraining the def
The property inherited under Section 15 (2)(b) of the Hindu Succession Act is absolute property, not coparcenary property, and the admission of a Will by the testator in a previous suit can be suffic....
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
The main legal point established in the judgment is that the admissibility and proof of a Will should adhere to the mandate prescribed under the Evidence Act, and examination of attesting witnesses i....
The main legal point established in the judgment is that the execution of wills must be proved in the manner known to law, and failure to do so may result in the wills being disbelieved by the court.
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
A registered Will, executed in accordance with legal requirements, is valid and can determine the distribution of property, overriding claims for partition based on joint possession.
The validity of an unregistered Will must comply with the requirements of the Evidence Act and the Indian Succession Act. Additionally, non-testamentary instruments must be registered under the Regis....
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