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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE P.VELMURUGAN
Kumarasamy (Died) – Appellant
Versus
Padmavathi (Died) – Respondent
JUDGMENT :
P. VELMURUGAN, J.
1. This Appeal suit is directed against judgment and decree made in O.S.No.48 of 2012, dated 30.01.2015, on the file of Principal District Court, Ramanathapuram.
2. The parties are referred to as per their ranking before the Trial Court for easy reference.
3. The plaintiff filed a suit for partition against the defendants. After trial, the learned Principal District Judge, Ramanathapuram decreed the suit and passed a preliminary decree. Challenging the same, the defendants 6 and 7 have filed the present appeal.
4. The brief facts of the plaintiff are as follows:
4.1. The plaintiff's father-in-law, Ramasamy, had two wives, viz., Chellammal (also known as Chellayee) and Palaniyammal (also known as Palaniayee). Chellammal passed away in 1921, and Palaniyammal died in 1953. The plaintiff's husband, Natarajan, and one Govindasamy were born to the first wife, Chellammal. In 1981, Natarajan left the plaintiff and their children (Defendants 1 to 3) and settled in Singapore. Govindasamy, the plaintiff’s brother-in-law, was deaf and mute, and he passed away in 1960, leaving behind his wife (the fourth defendant) and his son (the fifth defendant) as his legal heirs.
4.2.
Oral partition must be substantiated with evidence; mere allegations without proof do not suffice to alter joint family property status.
The court ruled that an oral partition established the properties as separate and self-acquired, barring claims for partition after 18 years and validating a gift deed executed by the coparcener.
Oral agreements regarding immovable property require registration to be enforceable, and vague defenses do not raise triable issues.
The court reinforced that all legal heirs hold a right to inherit property shares upon intestate death, making unauthorized sales by one heir ineffective against co-heirs.
Daughters are recognized as coparceners under amended Hindu Succession Act, with entitlements to ancestral property shares, emphasizing distinctions between ancestral and separate properties.
Properties claimed as self-acquired were determined to be ancestral; the appeal for partition was dismissed due to lack of joint possession evidence and non-joinder of necessary parties, also barred ....
A partition suit filed after 14 years of a co-owner's death is barred by limitation if the other co-owner has established exclusive possession and adverse possession.
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