Back
R. SAKTHIVEL
Vedhavalli (Died) – Appellant
Versus
Venkatesan – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Prayer: This Second Appeal is filed under Section 100 of Code of Civil Procedure praying to set aside the Judgment and Decree dated August 1, 2018 passed in A.S. No. 69 of 2011 on the file of the learned Additional District (Fast Track Court), Villupuram, partly allowing the Judgment and Decree dated October 27, 2010 passed in O.S. No. 64 of 2009 on the file of the Principal Subordinate Judge, Villupuram.
1. This Second Appeal has been preferred against the Judgment and Decree passed by the ‘learned Additional District Judge (Fast Track Court) Villupuram’ [‘First Appellate Court’ for short] in A.S. No. 69 of 2011 modifying the Judgment and Decree passed in O.S. No. 64 of 2009 on the file of the ‘Principal Sub Court, Villupuram’ [‘Trial Court’ for short].
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
Case of the Plaintiffs:
3. The Suit Properties along with some other properties belonged to one Adhimoolam. The said Adhimoolam died intestate 40 years before the date of Plaint. Govindasamy and Krishnan were the sons of said Adhimoolam.
3.1. The Suit ‘A’ Schedule is the genealogy representing t
The amendment to Section 6 of the Hindu Succession Act grants daughters equal rights as coparceners, allowing them to claim shares in ancestral properties irrespective of their birth date.
Daughters have equal rights and shares in ancestral joint family properties under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
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 main legal point established in the judgment is that properties derived by the father through a partition deed are to be treated as his self-acquired properties, as per Section 8 of the Hindu Suc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
