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N. SESHASAYEE
Vasumathi – Appellant
Versus
R. Vasudevan – Respondent
JUDGMENT :
(N. Seshasayee, J.)
(Prayer : Second Appeal filed under Section 100 of Code of Civil Procedure, 1908 praying to set aside the judgment and decree dated 21.04.2022 passed by the I Additional District Judge at Coimbatore in A.S.No.57 of 2021 reversing the judgment and decree dated 01.08.2012 passed by the Principal Subordinate Judge at Coimbatore in O.S.No.505 of 2008.)
1. This second appeal is preferred by the plaintiffs in O.S. No.505 of 2008. The suit is laid for partition of one item of immovable property. Broadly, it is the daughters' suit for partition against their father and brothers claiming a share in the ancestral property as coparceners. They were successful before the trial Court, and obtained a preliminary decree for partition of 1/5 share each in the suit property, whereas before the first Appellate Court in A.S.No.57 of 2021, which the defendants had preferred, the plaintiffs suffered a reversal of fortune and lost their suit. Hence, this appeal. Parties would now be referred to by their rank before the trial Court.
Facts :
2.1 The quintessential facts disclosed in the pleadings are:
The court reaffirmed that daughters are coparceners under amended Section 6 of the Hindu Succession Act, and the property in question is ancestral, binding the first defendant to the deed's recitals.
(1) Partition of coparcenary property – Even amongst coparceners, it is possible for a coparcener to renounce his share to other coparceners – Consequence of such renunciation is that interest of cop....
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 established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
Daughters have the right to claim a share in ancestral property as coparceners under Sec. 6(1)(a) of the Hindu Succession Act, but their entitlement is limited by the proviso to Sec. 6(1) based on th....
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
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.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
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