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EASWARAN S.
Santha – Appellant
Versus
Raghavendran – Respondent
JUDGMENT
Additional Defendants 4 to 6 in a suit for partition, OS No.585/2007 on the files of the Additional Sub Court-II, Ernakulam, are in this second appeal against the decree of partition.
2. The brief facts necessary for the disposal of the appeal are as follows:
One Venkitan Embranthiri acquired an extent of One (1) Acre 26 Cents by a sale deed in the year 1101 ME. Venkitan Embranthiri had six sons and two daughters. The plaintiff and the defendants claim under one of the sons, T.V Ramachandra Rao. On the death of Venkitan Embranthiri, six sons and two daughters came together to execute a partition deed on 1.2.1967, wherein 37 cents was allotted to T.V. Ramachandra Rao, father of the plaintiff and defendants 2 to 6. Later, one daughter of Venkitan Embranthiri, namely, Radhamma @ Radha released her share over 9 cents of the land allotted to her on 2.2.1967. Thus, T.V. Ramachandra Rao came into absolute right title and interest over 46 cents of land. On 15.4.1978, Ramachandra Rao gifted 46 cents to his wife. Later, the mother of the plaintiff and defendants 2 to 6 had mortgaged the property for the purpose of availing credit facility for a hotel business run by the plaintiff du
Succession of ancestral property – Self-acquired property of a Hindu male upon his death after commencement of Hindu Succession Act, 1956 coming into hands of his son as a Class I heir is held by him....
The self-acquired property of a Hindu male is held individually and not as coparcenary upon his death, negating sons' birthright claims.
The court established that ancestral property retains its coparcenary character despite partition, affirming the rights of legitimate heirs under Hindu law.
A claimant must prove the ancestral nature of properties to claim entitlement under the amended Hindu Succession Act; mere assertions without evidence are insufficient.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
The court affirmed that ancestral property remains so despite partition, and daughters are entitled to equal shares under the Hindu Succession Act, 1956, as amended.
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
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