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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
Rajaraman – Appellant
Versus
Nagarathinam – Respondent
JUDGMENT :
R.Sakthivel, J.
The Second Appeal is directed by unsuccessful plaintiff against the Judgment and Decree dated February 17, 2016 passed in A.S.No.7 of 2014 by the 'Subordinate Court, Thiruvarur' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated March 24, 2014 passed in O.S.No.28 of 2008 by the 'District Munsif cum Judicial Magistrate Court, Nannilam' ['Trial Court' for brevity] was confirmed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
3. The third defendant remained ex-parte throughout and it is represented that she is no more. The appellant / plaintiff had filed a memo dated March 3, 2022 and sought to dispense with the notice to her. Hence, notice to her is hereby dispensed with.
PLAINTIFF'S CASE
4. The plaintiff filed the Original Suit for partition claiming that Item No.1 of Suit Properties belonged to plaintiff’s father - Nadesa Vanniyar while Item No.2 is Nadesa Vanniyar’s lease hold properties owned by third defendant - Jayalakshmi. Nadesa Vanniyar’s wife predeceased him. Nadesa Vanniyar died intestate around 1992, leaving behind his three sons - the plaintiff, the first
In partition suits, the inclusion of all necessary parties and properties is essential; non-joinder renders the suit incompetent.
A partition suit must include all necessary parties; their absence renders the suit incompetent and affects the plaintiff's claims.
Unmarried daughters are recognized as coparceners in ancestral properties under the amended Hindu Succession Act, leading to equal rights in joint family assets.
The court affirmed that items 1 and 2 of suit properties are ancestral, and items 3 to 11 are self-acquired, highlighting the plaintiffs' burden to prove family property claims.
In the absence of established oral partition, co-owners have equal shares in the property, as per Section 47 of the Transfer of Property Act.
The burden of proof for claims of oral partition lies with the party asserting it, and failure to establish legal ownership results in dismissal of the suit.
Daughters are recognized as coparceners under amended Hindu Succession Act, with entitlements to ancestral property shares, emphasizing distinctions between ancestral and separate properties.
A partition suit must prove ancestral status of properties; claims of prior partition require corroborative evidence, which was insufficient in this case.
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