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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
Ponselvam – Appellant
Versus
K. Kalaiselvi – Respondent
| Table of Content |
|---|
| 1. plaintiff claims ancestral property for partition. (Para 1 , 2 , 3) |
| 2. defendants argue for non-joinder of co-owners. (Para 4 , 5 , 6) |
| 3. arguments on will and partial partition raised. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's examination of evidence and proceedings detailed. (Para 12 , 13 , 14 , 15 , 16) |
| 5. court upholds trial ruling; dismisses appeal. (Para 17) |
JUDGMENT :
R.VIJAYAKUMAR, J.
1. The defendants in O.S.No.31 of 2016 on the file of the Additional District Court, Paramakudi have preferred the present first appeal challenging the Preliminary decree for partition.
(A).Factual Matrix:
2.The plaintiff has contended that the suit schedule properties are the ancestral properties of Pandi Nadar and he had died interstate leaving behind his two sons namely Ponselvam and Saravanan and two daughters namely Ponvandu and Janatha. The plaintiff is the wife of the deceased Saravanan. According to the plaintiff, her husband had passed away on 20.05.2015 and the defendants are attempting to alienate the property treating it as their exclusive property. Hence the suit for partition.
3. The defendants had filed a written statement admitting the genealogy and ancestral character of
Ancestral property claims in partition suits must include all co-owners, but absence of other relatives does not invalidate suit if they do not claim rights.
In partition suits, the burden of proof lies on the party claiming properties as joint family properties, not the plaintiff, who asserts they are separate.
The main legal point established in the judgment is the requirement to prove the validity of a Will and the consequences of non-joinder of necessary parties in a partition suit.
Will validly proved by attesting witness; plaintiff failed to establish joint family property for partition entitlement.
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
The court affirmed that ancestral property rights under the Hindu Succession Act grant a daughter the right to claim partition; a Will must be proven validly to be binding.
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