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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
S.Brindha, D/o.Ravi Rajapalayam – Appellant
Versus
D.K.Natesan (Died) – Respondent
| Table of Content |
|---|
| 1. intent of plaintiffs regarding property ownership. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants' opposition and claims. (Para 7 , 8 , 9 , 10) |
| 3. trial court's issues and reasoning. (Para 11 , 12 , 13) |
| 4. legal basis for claiming partition. (Para 14 , 15) |
| 5. court's analysis of property status and alienations. (Para 16 , 17 , 18 , 19 , 20) |
| 6. implications of lease and time limits. (Para 21 , 22) |
| 7. final decision and dismissal of appeal. (Para 23 , 24 , 25) |
JUDGMENT :
A.D. MARIA CLETE, J.
This Appeal Suit is filed by the plaintiffs against the judgment and decree dated 10.08.2017 passed in O.S. No.83 of 2010 on the file of the Additional District Court, Namakkal, whereby the suit for partition was dismissed.
2. For the sake of convenience, the parties in the appeal are referred to as referred in the suit.
3. The case of the plaintiff: The plaintiffs are the daughters of the 4th defendant. According to the plaintiffs, the first item of the suit schedule properties was derived from the estate of late M.S. Kuppusamy Gounder and, thereafter, under a registered partition deed dated 23.06.1992, the A-Schedule properties were allotted to the branch consisting of D1, D3, D4 and the hu
Daughters have equal rights as coparceners in ancestral properties, enabling them to demand partition; however, declaratory relief is required to challenge transactions made by the guardian.
The main legal point established in the judgment is the binding nature of a sale deed executed by the family manager, the entitlement of daughters to ancestral property under the Amended Hindu Succes....
The daughter, as a coparcener, has the right to challenge alienations made prior to the amendment of the Hindu Succession Act on the ground of want of legal necessity.
(1) Partition of property – It is not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations.(2) Power of Attorney – Ordinarily, a Power of Attorney is to be con....
A Karta of a joint family can validly alienate property for legal necessity or benefit of the estate, binding all coparceners.
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