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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice C.KUMARAPPAN
Balakrishnan (died) – Appellant
Versus
Suganthy – Respondent
JUDGMENT :
(C. KUMARAPPAN, J.)
The defendants and plaintiff are the appellants and the respondent respectively.
2.For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.
3.It is the case of the plaintiff that, she is the wife of late Ragunathan. The first and fifth defendants are the parents of late Ragunathan. The other defendants 2 to 4 are late Regunathan's brothers and sisters. According to the plaintiff, she married Ragunathan as per the Hindu Rites and Customs. While so, he died on 16.02.2004, and that during his lifetime, he has taken LIC policy for a sum of Rs.25,000/-. It is the further submission of the plaintiff that the suit schedule “A” item of the property is the joint family property of late Ragunathan. As such the plaintiff being his class I legal heir is entitled to have 1/5th share in the “A” schedule property, and 1/2 share in “B and C” schedule properties. The plaintiff further submits that she has been in joint possession of the suit properties and that, after the demise of her husband Regunathan, the defendants are denying her share. Hence, she comes up with the instant suit.
4.The said suit was resi
Widow's right to claim share in ancestral property established under Hindu Succession Act, where properties purchased through ancestral nucleus retain joint family character.
The court affirmed that properties devolving under Section 8 of the Hindu Succession Act are absolute and not ancestral, emphasizing that mere assertions cannot establish joint family character witho....
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
The court established that evidence must substantiate claims of oral partition, prioritizing the registered Partition Deed as definitive proof for ancestral property entitlements under the Hindu Succ....
A daughter's entitlement to inherit a share as a co-parcener in ancestral property is upheld, emphasizing the need to distinguish between ancestral and self-acquired properties.
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 are entitled to equal share in ancestral joint family property under Sec. 6 of the Hindu Succession Amendment Act 2005.
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