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S. SOUNTHAR
Kaliaperumal @ Kaliaraj (Died) – Appellant
Versus
Thamaraiselvi – Respondent
JUDGMENT :
S. Sounthar, J.
[PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 29.10.2001 made in A.S.No.77 of 2001 on the file of the Principal District Judge at Thanjavur reversing the judgment and decree, dated 28.01.1998 made in O.S.No.489 of 1996 on the file of the District Munsif Court at Thanjavur.]
The third defendant in the suit is the appellant herein.
2. The first respondent herein filed a suit for declaration of title and injunction in respect of suit 'B' and 'D' Schedule properties with alternative prayer for partition of 1/3rd share in respect of all the suit properties, namely, suit 'A' to 'D' Schedules. The suit was dismissed by the Trial Court and on appeal filed by the first respondent / plaintiff, the First Appellate Court allowed the appeal and decreed the suit and granted declaration and injunction as prayed for. Aggrieved by the same, the third defendant has come before this Court.
3. According to the first respondent / plaintiff, the suit properties originally belonged to one Natesa Merkondar, husband of first defendant and father of plaintiff and second defendant. He died in the year 1957 leaving the
The court established that daughters have inheritance rights under the Hindu Succession Act, and the validity of a will must be proven without suspicious circumstances.
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 court ruled that an oral partition was established and the plaintiff cannot claim partial partition without including all relevant properties, adhering to heirs' rights under Hindu law.
The burden of proof lies with the plaintiff to establish that the properties are ancestral, and evidence must be pleaded and proved through evidence.
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
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.
The court established the principle that under the Tamil Nadu Amendment Act 1/1990, a daughter is entitled to her share in ancestral property, and any disposition or alienation without her consent is....
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