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R. SAKTHIVEL
S. Mohana Sundaram – Appellant
Versus
S. Muthusamy Gounder – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated December 14, 2016 made in A.S.No.86 of 2014 on the file of the I Additional District Court, Erode, confirming the Judgment and Decree dated September 23, 2014 made in O.S.No.375 of 2010 on the file of Principal Sub Court, Erode.
This Second Appeal is directed against the Judgment and Decree dated December 14, 2016 made in A.S.No.86 of 2014 on the file of the ‘I Additional District Court, Erode’ ['First Appellate Court' for brevity], whereby the Judgment and Decree dated September 23, 2014 made in O.S.No.375 of 2010 on the file of ‘Principal Sub Court, Erode’ ['Trial Court' for brevity] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFF'S CASE
3. The plaintiff is the son of 5th defendant and 6th defendant is his sister. The defendants 2, 5 and 7 are sons of the 1st defendant. The defendants 3 and 4 are the daughter and minor son of the 2nd defendant respectively. The defendants 8 and 9 are the sons of the 7th defendant. The genealogy chart appended hereu
The plaintiff failed to prove that the Suit 'B' Schedule properties were ancestral, and the Suit was barred by limitation under Article 60 of the Limitation Act, 1963.
The absence of evidence proving the joint family status of properties allows a presumption that they are individual assets; thus, plaintiffs' claim for partition is dismissed.
Daughters became coparceners under Hindu Succession (Tamil Nadu Amendment) Act, 1989, allowing them equal rights in joint family properties.
The burden of proof lies on the person claiming property as self-acquired to establish that it was acquired without the aid of joint family funds.
The judicial presumption of joint ownership requires proof of a family nucleus, and mere existence of a joint family does not automatically classify all properties as joint.
The main legal point established in the judgment is that properties acquired from individual earnings of family members cannot be treated as joint family properties unless deliberate abandonment and ....
In a partition suit, the burden of proving that property standing in an individual's name is joint family property lies upon the party asserting it, requiring proof of a sufficient ancestral nucleus.....
Ancestral properties must be proven to remain joint family properties post-partition; otherwise, they are deemed separate and not subject to partition claims.
The court affirmed that admissions made during trial are binding, and ancestral properties cannot be dismissed based on a registered Partition Deed that does not negate the rights of coparceners.
The burden of proof lies on asserting self-acquisition when joint family property is claimed, as evidenced in the judgment affirming the trial court's findings on property character.
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