IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Dayalan Rajes – Appellant
Versus
Vijayan Rajes – Respondent
| Table of Content |
|---|
| 1. appeals concerning common judgment in partition suits. (Para 1 , 2 , 3) |
| 2. factual background of family and property inheritance. (Para 6) |
| 3. defendants' arguments on family arrangement validity. (Para 7 , 8) |
| 4. plaintiffs' claims regarding family arrangement and partition. (Para 19 , 20) |
| 5. court's considerations on family arrangement evidence. (Para 25 , 26 , 30) |
| 6. considerations on the validity of the will. (Para 40 , 41) |
| 7. final judgments on appeals and family arrangement status. (Para 49) |
JUDGMENT :
N.SATHISH KUMAR, J.
1. A.S.Nos.772 and 1003 of 2005 have been preferred against a common judgment made in O.S.Nos.74 and 73 of 2004 dated 31.12.2004 on the file of the learned Additional District Judge, Fast Track Court No.2, Salem. A.S.No.772 of 2005 has been preferred by the plaintiffs in O.S.No.74 of 2004 which was dismissed by the trial court. A.S.No.1003 of 2005 has been filed by the plaintiff in O.S.No.73 of 2004 which was also dismissed by the trial court by the aforesaid common judgment dated 31.12.2004.
2.A.S.No.856 of 2025 has been preferred by the plaintiff in O.S.No.116 of 2004 which was also dismissed by the trial court by a judgment and decree dated 24.03.2


The court found the family arrangement invalid due to antedating and fraud, while upholding a holographic will that excluded one party due to familial discord.
Existence of an unregistered family arrangement deed does not confer partition rights absent proper registration and stamp duty where required by law.
The court clarified that properties must be inherited or acquired from a joint family nucleus to be classified as ancestral under Hindu law, rejecting claims based solely on joint acquisition.
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
The court affirmed that partition of family properties had occurred prior to 1942, establishing individual ownership rights over properties acquired post-partition, thereby negating claims of joint f....
The court affirmed that coparcenary properties cannot be unilaterally willed, preserving the equal rights of all coparceners under Hindu law.
Family arrangements promoting peace and preventing disputes are upheld; oral partitions must be substantiated by clear evidence to be enforceable.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.