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S. M. SUBRAMANIAM
A. Revathi – Appellant
Versus
G. Banumathi – Respondent
JUDGMENT :
The present Appeal Suit has been instituted against the judgment and decree dated 08.02.2018 passed by the learned XVIII Additional Judge, City Civil Court at Chennai in OS No.3209 of 2016.
2. The appellant is the fourth defendant, the respondents 1 and 2 are the plaintiffs and the respondents 3 to 6 are the defendants 1, 2, 3 and 5 in the suit.
3. The respondents 1 and 2/plaintiffs instituted the suit for partition.
4. The avements in the plaint reveals that the suit property originally belonged to the first plaintiff, who purchased the same under the Sale Deed dated 06.12.1973 bearing document No.3560 of 1973 on the file of the Sub-Registrar Office at Saidapet.
5. The first plaintiff settled the site of the suit property in favour of her husband Mr.S.Gajapathi under Settlement Deed dated 26.03.1980 bearing document No.866 of 1980 on the file of the Joint Sub Registrar II at Saidapet. Pursuant to the Settlement, the husband of the first plaintiff S.Gajapathi took possession of the site of the suit property constructed a house and enjoying the same.
6. There was an allegation of encroachment against the husband of the first plaintiff and a suit was filed in OS No.1037 of 1982
A daughter's entitlement to inherit a share as a co-parcener in ancestral property is upheld, emphasizing the need to distinguish between ancestral and self-acquired properties.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The settlement deed dated 04.04.1941 was not acted upon, confirming entitlement to a share in the property.
Co-ownership rights are upheld in joint family property claims, and previous partitions must be established with clear evidence; mere conversion of property does not negate an heir's share.
Ancestral property entitlement under Hindu Succession Act limits the plaintiff's share to 1/8, not 3/8, affirming the rights of coparceners post-amendment.
The main legal point established in the judgment is the interpretation of the Hindu Succession Act and the determination of entitlement to shares in ancestral and self-acquired properties.
A legal heir is entitled to an equal share in joint family properties, and claims of exclusive ownership must be substantiated by evidence.
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