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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAJASEKAR
Dhandapani – Appellant
Versus
Rajaram, Mrs.Poorni Ammal (deceased) – Respondent
| Table of Content |
|---|
| 1. partition rights in ancestral properties. (Para 1 , 3 , 4) |
| 2. claims and defenses in partition suits. (Para 5 , 6) |
| 3. issues framed in the trial court. (Para 7 , 8) |
| 4. arguments regarding the legal notice and partition. (Para 10 , 11) |
| 5. application of limitation law in partition claims. (Para 26 , 30) |
| 6. conclusion on entitlement to share in properties. (Para 31 , 32) |
JUDGMENT :
K. RAJASEKAR, J.
The plaintiff has filed this Second Appeal challenging the concurrent finding wherein, both the Courts have held that the plaintiff is not entitled for partition of the suit properties.
2. For the sake of convenience, the parties are referred herein as per their ranking in the Trial Court.
3. The plaintiff and the first defendant are brothers. The second defendant is their sister. A Schedule properties are the ancestral properties in the hands of plaintiff's father namely, Velayudam. From the income earned from A Schedule property, B Schedule properties were purchased and both properties were enjoyed by the plaintiff, defendants and their father Velayudam. From the year 1979 onwards, the plaintiff has started residing in various places since he was employed, however, he used to pa
A claim for partition can prevail despite long possession by others if there is insufficient proof of ouster or adverse possession against a co-parcener. Limitation Act principles apply to claims acc....
A co-parcener's possession is presumed to be joint; mere exclusive possession by another does not constitute adverse possession without evidence of hostile intent, supporting the right to partition.
Possession of one co-parcener is deemed possession of all; mere long possession does not establish adverse possession without evidence of ouster.
The court affirmed that co-owners retain rights unless clear ouster is proven, and limitation laws do not apply to partition claims under the Hindu Succession Act.
Ouster among co-sharers requires hostile animus, long exclusive possession known to other co-owner; mere possession insufficient.
The amendment of co-parcenery rights retroactive effects and joint possession presumption prevent claims of ouster without substantial evidence.
The court affirmed that daughters are entitled to equal shares in ancestral properties post-amendment, invalidating wrongful transactions made without their consent.
In a partition suit, registered documents act as constructive notice, initiating the limitation period. Prolonged exclusive possession of ancestral property by a co-owner establishes ouster. Addition....
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 ....
(1) Principle that there cannot be a partial partition is not an absolute one – It admits of exceptions. Properties not in possession of co-sharers/coparceners being omitted cannot result in a suit f....
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