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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
I.Dheivanai – Appellant
Versus
I.Parisekaran – Respondent
JUDGMENT :
M.JOTHIRAMAN, J.
The unsuccessful defendants have preferred this First Appeal. The suit has been filed for seeking partition and for declaration. The trial Court decreed the suit that the parties to the suit are entitled to get 1/5 share each. It is declared that the settlement deed executed by the first defendant as null and void. The relief of permanent injunction granted against the defendants.
2.For the sake of convenience, the parties are referred as per their rank before the trial Court.
3.Brief case of the plaintiffs is as follows:-
The plaintiffs, 2nd and 3rd defendants are siblings, born to the first defendant and her husband Mr.P.Irungovel. The suit schedule properties were purchased by Late.Mr.P.Irungovel in his wife name. The first suit schedule property was purchased on 30.04.1962 vide document No.1271/1962 in the name of first defendant. The suit second schedule property was purchased on 12.07.1965 by the said Mr.Irangovel in the name of the first defendant. The properties were purchased for the benefit of his family members. The first suit schedule property is in join possession of the family members. In the year 1975, the said Mr.P.Irangovel left the family an
The court affirmed that properties purchased in the name of a spouse for family welfare are not self-acquired and that settlement deeds executed without consent of all heirs are void.
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 plaintiffs to establish their claims of joint ownership in partition suits, failing which the trial court's findings stand affirmed.
The court affirmed that property treated as joint family property entitles the plaintiff to a 1/3rd share, ruling against the validity of a unilateral settlement deed.
The burden of proof lies on the plaintiffs to establish joint family properties and their contribution to the property. Additionally, seeking cancellation of settlement deeds under Section 31 of the ....
In partition suits concerning benami transactions, the burden of proving such claims lies with the defendants; failure to do so results in equal distribution of shares among legal heirs.
A claimant must prove the ancestral nature of properties to claim entitlement under the amended Hindu Succession Act; mere assertions without evidence are insufficient.
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.
In family property disputes, the onus lies on claimants to prove joint ownership; properties recorded in female names are presumed to be theirs unless specifically evidenced otherwise.
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