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2022 Supreme(Mad) 2047

S. KANNAMMAL
M. Sathishkumar – Appellant
Versus
Subbanna Gounder – Respondent


Advocates appeared:
For the Appellants:A.S. Ravichandran, Advocate. For the Respondents:R1 & R2, D. Muthuselvan, R5, C. Santhosh Kumar, Advocates, R3 & R4, No Appearance.

Judgement Key Points

The judgment primarily relies on the principles of Hindu property law, specifically the concept of coparcenary rights and the evolution of laws governing inheritance and partition among Hindu families. It considers the statutory provisions introduced through amendments to the Hindu Succession Act, which recognize daughters as coparceners by birth, with rights equivalent to those of sons, from a specified date. The court interprets these amendments in conjunction with the provisions of the Tamil Nadu Hindu Succession (Amendment) Act, 1989, and the 2005 amendment to ensure equal rights in coparcenary property. The judgment emphasizes the importance of the timing of partition deeds and the effect of legal amendments on the validity of such deeds, particularly distinguishing between partition acts executed before and after the relevant cut-off dates. It also considers the legal doctrine that once an ancestral property is partitioned, it ceases to be coparcenary property and becomes self-acquired property of the individual members, thereby affecting the rights of subsequent generations. The legal reasoning incorporates the principles of statutory interpretation, the effect of amendments on existing rights, and the recognition of rights created by birth in a coparcenary, as well as the significance of registered deeds and formal partition proceedings in establishing property rights.


JUDGMENT

(Prayer: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree of the Principal District Judge, Coimbatore, dated 09.03.2012 made in O.S.No.323 of 2008.)

1. The Appellants, who are plaintiffs in O.S.No.323 of 2008, have filed this appeal challenging the judgment and decree, dated 09.03.2012, passed by the learned Principal District Judge, Coimbatore

2. For the sake of convenience, the parties herein are referred to as they were arrayed in the original suit.

3. The brief facts, as averred by the plaintiffs in the original suit, are as follows:

One Krishnasamy Gounder, father of the 1st Defendant owned an extent of 5.40 acres in Neelambur Village, comprised in various survey numbers. Krishnasamy Gounder had two wives, viz., Subbathal and Chinnammal. Through his first wife Subbathal, Krishnasamy Gounder had a son by name Subbanna Gounder (first respondent/first defendant) and a daughter by name Rajathal, who is no more. Through his second wife Chinnammal, Krishnasamy Gounder had a son by name Palanisamy and two daughters by name Subbathal and Chinnakkanna. Legal heirs of Krishnasamy Gounder through his two wives, partitioned the

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