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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MRS. JUSTICE S.SRIMATHY
R.Meenakshi – Appellant
Versus
S.Muthaiah (Died) – Respondent
JUDGMENT :
S. Srimathy, J.
The present appeal suit is filed by the plaintiff in the suit against the judgment and decree, dated 01.11.2019, passed in O.S.No.48 of 2013, on the file of the I Additional District Court, Madurai.
2. The plaintiff in the suit is the appellant herein and the defendants in the suit are the respondents herein. For the sake of convenience, the parties referred as plaintiff and defendants as per the ranking in the original suit.
3. The plaintiff had filed the suit for partition to divide the property and allot 1/6th share to him and pass a preliminary decree and final decree with a consequential injunction restraining the defendants from selling the property.
4. The brief facts are that the suit properties originally belong to one Ayyavu Ambalam who is the grandfather of the plaintiff and defendants 1 to 5. The said Ayyavu Ambalam had two sons namely, Somanathan and Salai @ Muthiah. The said Somanathan is the father of the plaintiff and defendants 1 to 5. After the death of grandfather Ayyavu Ambalam, both the sons orally partitioned the properties. The suit property is the ancestral property to the plaintiff and the defendants 1 to 5. There are other properties
Registered partition deeds take precedence over claims of oral partition, limiting the rights of heirs under the amended Hindu Succession Act to those alive or affected at the time of partition.
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 ....
Court ruled that ancestral property retains its character despite prior partition and upheld the validity of a Will despite exclusion of a natural heir.
Daughters' rights as equal to sons under the Hindu Succession Act, 2005.
The court established the principle that under the Tamil Nadu Amendment Act 1/1990, a daughter is entitled to her share in ancestral property, and any disposition or alienation without her consent is....
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 as coparceners in ancestral property under the Hindu Succession Act as amended in 2005, affecting share distribution in partition cases.
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