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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Veerappan – Appellant
Versus
Selladurai – Respondent
JUDGMENT :
G. ARUL MURUGAN, J.
1. The 6th & 7th defendants, who are the purchasers of the suit property from the second defendant, are the appellants in this appeal. Since the 7th defendant died, his legal heirs are brought on record as appellants 2 to 5 herein. The first respondent herein is the plaintiff in the suit.
2. This Second appeal is filed challenging the judgment and decree dated 24.04.2008 in AS.No.53 of 2003 on the file of Additional District Juge, (Fast Track Court), Ariyalur confirming the judgment and decree dated 23.07.1996 in OS.No.372 of 1990 on the file of District Munsif, Ariyalur.
3. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
The brief facts, which gave rise to the present Second Appeal, are as follows:
4. According to the plaintiff, he is the son of Singaram born through his 3rd wife Dhanabackiyam, who is the first defendant. Singaram had two brothers, Karuppaiah and Kaliyaperumal, and the brothers partitioned the family properties and they have been in enjoyment of their respective shares. Singaram, the plaintiff's father, got the suit properties through partition and also by purchase. Plaintiff's father S
The legitimacy of a child born from a void marriage entitles them to inheritance rights in the father's property under the Hindu Marriage Act, reaffirmed through evidence and presumption of marriage.
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....
Children born to a void marriage are entitled to property shares under the Hindu Marriage Act, despite the marriage's invalidity.
Illegitimate children are entitled to inherit the property of their parents under Section 16 of the Hindu Marriage Act, 1955, and are to be treated as legitimate for succession purposes.
The legally wedded wife is entitled to family pension and terminal benefits, while children from both marriages share equally in the estate.
Oral partition must be substantiated with evidence; mere allegations without proof do not suffice to alter joint family property status.
The main legal point established in the judgment is the determination of the status of the parties and their entitlement to shares in the ancestral property based on the evidence presented and the ap....
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
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