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V. GOPALA KRISHNA RAO
Krothapalli Hari Prasada Rao Died per LRs A 2 amp 3 – Appellant
Versus
Akkineni Alivelu Manga Tayaru – Respondent
JUDGMENT (COMMON)
This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/defendant No.1 challenging the Decree and Judgment, dated 12.03.2007, in O.S. No.33 of 2001 passed by the learned II Additional District Judge, Guntur [for short ‘the trial Court’]. The Respondents herein are the plaintiffs and defendants 2 to 6 in the said Suit. The plaintiffs filed cross objections for claiming B schedule property.
2. The Plaintiffs filed the above said suit for a) declaration that the plaintiffs are the legal heirs to the person and property of Hymavathi and for recovery of possession of plaint A schedule properties and for consequential permanent injunction restraining the first defendant, his men and followers from in any way interfering with plaintiffs’ peaceful possession and enjoyment of the same and b) to direct the defendants 2 and 3 to ascertain the amounts payable on account of death of Hymavathi and to pay the said amount to the plaintiffs with interest and c) for costs.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.33 of 20
Female Hindu succession – Source from which she inherits property is always important and that would govern the situation.
The property inherited by a female Hindu from her husband or father-in-law shall devolve upon the heirs of her husband, as per Sec. 15(2)(b) of the Hindu Succession Act.
The plaintiff, as the legatee of Lakshmidevamma under the Will, stands in the place of Lakshmidevamma. Lakshmidevamma was entitled to be treated as a regular coparcener of the Hindu joint family orig....
The court reaffirmed that daughters have equal rights as sons in ancestral properties, emphasizing the applicability of Section 6 of the Hindu Succession Act.
The judgment establishes the importance of proving property rights and titles, the limitations of permissive possession, and the applicability of Section 14(1) of the Hindu Succession Act.
Sec. 14 of the Hindu Succession Act provides that any property possessed by a female Hindu becomes her absolute property, regardless of how it was acquired.
Hindu Law – property given to wife - Property had been given to the female Hindu in recognition of or in lieu of her right to maintenance, it was held that the situation fell within the ambit of subs....
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
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