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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
Sundari – Appellant
Versus
Raja – Respondent
JUDGMENT :
T.V. THAMILSELVI, J.
1. The appellants have filed this appeal to set aside the judgment and decree passed by the learned Additional District Judge, Krishnagiri in AS No.21 of 2021 dated 16-11-2021 confirming the judgment and decree passed by the learned Principal Subordinate Judge, Krishnagiri, in OS No.54 of 2010, dated 25-02-2021.
2. For the sake of convenience, the parties herein are referred to as they are ranked in the suit.
3. Challenging the concurrent findings of the courts below, the plaintiffs have preferred this second appeal. Before the trial Court, the original plaintiff, Chinnakuppan, who is now deceased, filed a suit for partition against his brother, the first defendant, and his legal heirs, claiming ½ share in the suit properties. He also sought a declaration to declare the settlement deed executed by the first defendant in favour of his wife, the second defendant, dated 31.10.1999, as null and void. Consequently, he further sought a declaration to declare the sale deeds dated 26.12.2012 executed by defendants 1 and 2 and their legal heirs in favour of defendants 4 and 5 as null and void. During the pendency of the suit proceedings, the original plaintiff Ch
In a partition suit, all legal heirs must be parties, and failing to prove a settlement deed invalidates claims to partition. The court upheld the necessity for complete participation of all heirs in....
A valid oral partition must be substantiated with evidence; unproven claims lead to invalidation of subsequent property transactions.
The burden of proof in establishing the existence and extent of an oral partition lies with the party claiming such partition.
The burden of proof for claims of oral partition lies with the party asserting it, and failure to establish legal ownership results in dismissal of the suit.
Co-owner not party to sale deed need not cancel it to claim partition of undivided share in joint family property.
The court ruled that an oral partition was established and the plaintiff cannot claim partial partition without including all relevant properties, adhering to heirs' rights under Hindu law.
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
The absence of conclusive evidence for a prior partition entitles the plaintiff to a share in joint family properties, reaffirming the principle that the burden of proof lies with the defendants.
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