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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Janaki Majhi (dead) – Appellant
Versus
Nangi Majhiani (dead) – Respondent
| Table of Content |
|---|
| 1. factual background of parties and suits. (Para 1 , 2 , 3) |
| 2. plaintiffs' claim over father’s properties. (Para 4 , 6) |
| 3. genealogy of parties involved. (Para 5) |
| 4. defendant's counterclaims and defenses. (Para 7) |
| 5. continuity in litigation after death of parties. (Para 8) |
| 6. issues framed for resolution. (Para 9) |
| 7. evidence presented by both parties. (Para 10 , 11) |
| 8. first appellate court ruling. (Para 12 , 13 , 14) |
| 9. substitution of legal representatives. (Para 15 , 16) |
| 10. formulated substantial questions of law. (Para 17) |
| 11. applicability of hindu succession act. (Para 18 , 19) |
| 12. rights of illegitimate children clarified. (Para 20 , 21) |
| 13. maintainability of plaintiffs' claims. (Para 22 , 23) |
| 14. final conclusion and order. (Para 24) |
Judgment :
This second appeal has been preferred against the reversing judgment.
When, during the pendency of this second appeal, the original appellant Janaki Majhi expired, then his LRs have been substituted as appellant Nos.1(a) to 1(c) in his place.
When, during the pendency of the suit vide T.S. No.29 of 1988, the Lakshmi Majhiani (plaintiff No.1) expired leaving behind plaintiff No.2 (Nangi Majhiani) as her successor, then the plaint
Co-owners of property cannot seek exclusive title or recovery of possession without partitioning the property, reaffirming shared ownership under Hindu law.
(1) Among Santals, succession law is Hindu Law and not Customary Law.(2) Suit for declaration of title and recovery of possession cannot be maintained in respect to joint and undivided property witho....
The plaintiff was recognized as the adopted son of Parau Majhi, but the suit for exclusive ownership was dismissed due to established co-ownership.
The court reaffirmed the principle that rightful ownership and possession of ancestral property can be determined based on historical records and applicable customary laws, which may exclude female h....
The court ruled that property devolved exclusively to the male heir after the mother's death before the Hindu Succession Act, invalidating claims of the female heir based on pre-Act rights.
Joint ownership claims persist until partition; rights in a partition suit are not bound by limitation, and the burden to prove legal necessity for property transfer lies with the transferee.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Prior partition remains valid unless cogent evidence of reunion is established; absent such evidence, the ownership claims of plaintiffs over disputed properties are affirmed.
The plaintiff, as the daughter of Bhagmat, retains her inheritance rights over property despite her mother's remarriage, confirming the applicability of old Hindu law over Scheduled Tribes.
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