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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU
Saroja – Appellant
Versus
R.Paramasivam – Respondent
| Table of Content |
|---|
| 1. plaintiff claims joint family partition; defendants assert separate property and relinquishment. (Para 2 , 3 , 4 , 5 , 6) |
| 2. trial court evidence and findings reject joint property claim. (Para 7 , 8 , 9 , 10) |
| 3. appellant contests will proof; respondent defends family arrangement and will. (Para 11 , 12 , 13 , 14 , 15) |
| 4. suit properties not joint family; devolve under hsa sections 8,15. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. will validly proved by attesting witness; appeal dismissed. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
K. KUMARESH BABU, J.
The present Appeal Suit has been filed seeking to set aside the judgment and decree dated 29.04.2017 made in O.S.No.161 of 2024 on the file of the Additional District Court-I, Erode.
2. The case of the Plaintiff is that she is the daughter of the 1st defendant and older sister of the 2nd defendant. The plaintiff along with the 1st and 2nd defendants are the Hindu Joint Family members and the suit schedule properties are the joint family properties, which were jointly enjoyed by the Plaintiff and the defendants. When plaintiff demanded her share in the suit schedule properties orally, defendants delayed to give her share and hence
Will validly proved by attesting witness; plaintiff failed to establish joint family property for partition entitlement.
The burden of proof in establishing joint family nucleus and self-acquisition of properties lies with the plaintiff and defendants respectively. The due execution of a Will can be established through....
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 court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
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 reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
A party who has relinquished their rights in joint family properties cannot later claim partition or execute a will regarding those properties.
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