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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SRIMATHY
Palanichamy – Appellant
Versus
Muthu – Respondent
JUDGMENT :
S. SRIMATHY, J.
1. The Second Appeal in S.A.(MD)No.17 of 2024 is filed against the Judgment and Decree, dated 14.09.2023 in A.S.No.41 of 2020 on the file of the II Additional District Court, Thoothukudi, reversing the Judgment and Decree, dated 18.12.2019 passed in O.S.No.41 of 2015, on the file of the Sub Court, Kovilpatti.
2. The defendant in the suit is the appellant herein and the plaintiff in the suit is the respondent herein. For the sake of convenience, the rank of the parties shall be referred as plaintiff and defendant as stated in suit.
3. The suit in O.S.No.41 of 2015 was filed to declare that the property belongs to the plaintiff and consequently, to vacate the defendant within a particular period to be fixed by the Court. The plaintiff and the defendant are brothers. The brief facts as stated by the plaintiff is that the mud wall and thatched house in the suit property in Natham S.No.593/2, Door No.20 belongs to the father of the plaintiff and defendant namely Saravana Mudaliar. Originally, the suit property and the eastern portion Door No.19 was comprised with Door No.20 and the said house was bequeathed to the plaintiff through Will dated 13.12.1978 and the sa
The court affirmed that coparcenary properties cannot be unilaterally willed, preserving the equal rights of all coparceners under Hindu law.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
The court affirmed that the plaintiff, as a coparcener by birth, is entitled to a ½ share in ancestral properties under the Hindu Succession Act, 1956, and ruled against the validity of transactions ....
Court ruled that ancestral property retains its character despite prior partition and upheld the validity of a Will despite exclusion of a natural heir.
The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
The ancestral nature of property was affirmed, and a Will executed by a deceased patriarch in favor of an illegitimate child was recognized as valid for 1/3rd share, pending partition.
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