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P. T. ASHA
T. Mallika – Appellant
Versus
K. Mathivanam – Respondent
JUDGMENT :
Prayer in A.S.No.259 of 2007: First Appeal is filed under Section 96 of C.P.C to set aside the Judgement and Decree made in O.S.No.56 of 2004 on the file of the Additional District Judge (Fast Track Court No.1) at Salem dated 28.04.2006 whereby granting preliminary decree declaring 1/5th share to the plaintiff, defendants 1, 3, 4 and 5 each.
Prayer in Cross Objection No.1 of 2011: Cross Objection is filed Under Order 41 Rule 22 of CPC to set aside the Judgement and Decree made in O.S.No.56 of 2004 on the file of the Additional District Judge (Fast Track Court No.1) at Salem dated 28.04.2006.
The defendants 1, 3 to 5 in a suit for partition are the appellants before this Court. They seek to challenge the judgement and decree of the Additional District Judge (Fast Track Court No.1) at Salem in O.S.No.56 of 2004. The facts which have culminated in the filing of the above First Appeal are herein below set out and the parties are being referred to in the same ranking as before the Trial Court. 2. The plaintiff has filed the above suit seeking a partition of his 6/10th share in the suit schedule properties. The A schedule consists of 30 items of property and the B schedule consis
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.
(1) A child born from a voidable marriage which has been annulled, such a child will have rights to or in property of parents and not in property of any other person.(2) When a Hindu dies after the c....
Children from void marriages cannot inherit ancestral property; their rights are confined to their parent's property, consistent with Hindu Succession Act amendments.
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.
Daughters born before 1956 are entitled to coparcenary rights under the amended Hindu Succession Act, 2005, irrespective of their marital status.
Daughters are equal co-parceners with sons by birth, and the right is conferred by birth and not by inheritance, as per the Hindu Succession Amendment Act, 39 of 2005.
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