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R. SUBRAMANIAN, N. SENTHILKUMAR
Kavitha – Appellant
Versus
V. Damodaran – Respondent
JUDGMENT :
(R. Subramanian, J.)
AS No.891 of 2012 is by the plaintiff in OS No.109 of 2010, a suit for partition laid by her claiming 1/3rd share in the suit ‘B’ to ‘E’ Schedule properties.
2. According to the plaintiff, the properties were ancestral properties inherited by the first defendant Damodaran under a Will dated 29.02.1972 executed by his father Varadarasu Kounder. It is the contention of the plaintiff that under the Will Damodaran was given a life estate and the properties were to be taken absolutely by the children of Damodaran on his death. It is the further contention of the plaintiff that one Kanagambaram Ammal, widow of one of the sons of Varadarasu Kounder viz. Ramachandran, was given a life estate in some other properties and on her death, those properties would devolve on Damodharan and Krishnan other two sons of Varadarasu Kounder.
3. It was pleaded that Kanagambaram Ammal also died on 28.09.2011 and therefore, the plaintiff would be entitled to 1/3rd share in those properties also which were shown in Schedule ‘B’ and ‘C’ to the plaint. As regards the properties shown in Schedule ‘D’ and ‘E’, it was the contention of the plaintiff that those properties were acqui
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
Children born from void marriages are deemed legitimate under Section 16 of the Hindu Marriage Act, allowing them to inherit from their parents' property, including ancestral property.
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....
Children born of void marriages under Hindu law cannot claim rights to ancestral property during the father's lifetime, preventing partition claims until after the father's death.
A valid Hindu marriage requires performance of customary rites and ceremonies as mandated by statute; mere cohabitation is insufficient. Notwithstanding the validity of the marriage, children of the ....
Children from a void marriage are entitled to inheritance of ancestral properties under Section 16 of the Hindu Marriage Act, securing legitimacy despite marriage validity issues.
Marriages solemnized before the Hindu Marriage Act, 1955 came into force are valid and the children born out of such marriages are entitled to equal shares in the properties.
Illegitimate children do not inherit property unless legitimacy is established through valid marriage under Hindu Marriage Act provisions.
Proof of marriage is essential for legitimacy and property rights under the Hindu Marriage Act.
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