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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
P.Chinnaiyan – Appellant
Versus
Rajammal (Died) – Respondent
| Table of Content |
|---|
| 1. parties claim different character of properties. (Para 5 , 10) |
| 2. arguments regarding family property status. (Para 13 , 14 , 16) |
| 3. court analysis of property character and ownership. (Para 22 , 23) |
| 4. final ruling on property claims and appeals. (Para 24) |
JUDGMENT :
A.S.No.196 of 2023 has been filed, challenging the judgment and decree in O.S.No.9 of 2016, in so far as dismissal of the suit, concerning items 3 to 8 of the schedule mentioned properties are concerned. The plaintiff is the appellant in this appeal.
3.I have heard Mr.A.E.Chelliah, learned Senior Counsel for Mrs.Vasantha Kumari Chelliah and Mr.R.Prathaban, learned counsel for the appellant/plaintiff in A.S.No.196 of 2023 and the 1st respondent in A.S.No.419 of 2023 and Mr.M.Sridhar, learned counsel for Mr.A.M.Venkatakrishnan, learned counsel for the appellants in A.S.No.419 of 2023 and the respondents 1 and 2 in A.S.No.196 of 2023 and Mr.V.J.Arulraj, learned counsel for the respondents 3 to 6 in A.S.No.196 of 2023 and the respondents 2 to 6 in A.S.No.419 of 2023.
5.The plaintiff filed the suit for partition and separate possession of the properties set out in the schedule to the plaint, numbering 10 items.
The claimant must prove the existence of joint family properties; mere familial ties do not suffice for partition claims.
Daughters became coparceners under Hindu Succession (Tamil Nadu Amendment) Act, 1989, allowing them equal rights in joint family properties.
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.
The burden of proof lies on the person claiming property as self-acquired to establish that it was acquired without the aid of joint family funds.
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 ....
The burden of proof lies with the plaintiff to establish that properties acquired were from joint family income, failing which the claim for partition of those properties cannot succeed.
The court upheld the validity of the WILL for self-acquired properties while recognizing the plaintiffs' entitlement to a share in the ancestral property, affirming the distinction between self-acqui....
The main legal point established in the judgment is that properties acquired from individual earnings of family members cannot be treated as joint family properties unless deliberate abandonment and ....
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The burden of proof lies with the party claiming partition to establish the division of properties, and the court may allow additional evidence if vital to decide the case.
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