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HIGH COURT OF TELANGANA
M.G.PRIYADARSINI
Jaladhija Educational Society – Appellant
Versus
Poloju Lakshmi – Respondent
JUDGMENT :
M.G. PRIYADARSINI, J.
The present appeal is directed against the judgment and decree dated 16.12.2021 in O.S.No.185 of 2013, on the file of learned VIII Additional District and Sessions Judge, Khammam, whereby the suit for partition was preliminarily decreed.
2. For the sake of convenience, the parties hereinafter are referred to as they were arrayed before the trial Court.
3. The brief facts of the case as can be seen from the plaint are that the sole plaintiff filed the O.S.No.185/2013 on the file of learned VIII Additional District and Sessions Judge, Khammam against defendant Nos.1 to 9 seeking partition and separate possession in respect of the suit schedule property i.e., land admeasuring Ac.3.24 guntas in Sy.No.377/AA, 377/E, 378/AA, 378/E at Tanikella Village, Konijerla Mandal, Khamam. Batchala Sambaiah, who expired intestate on 13.11.2008, is the original owner and possessor of the suit schedule property. Plaintiff and defendant Nos.3 and 4 are the daughters and defendant Nos.1 and 2 are the sons of Batchala Sambaiah. After the death of Batchala Sambaiah, the plaintiff and defendant Nos.1 to 4 have succeeded to the suit schedule property and also in constructive pos
Bona fide purchasers must act in good faith and with reasonable inquiry to gain protection under ownership claims; mere ignorance of actual ownership is not sufficient.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
The sale of a co-owner's undivided interest is valid, but a sale deed executed without legal necessity or co-owner consent is void.
Registered partition deeds and burden of proof adjudicate property claims in inheritance matters.
The main legal point established in the judgment is the entitlement of daughters to claim partition in coparcenary property under the amended Section 6 of the Hindu Succession Act, 1956, as per the l....
The court affirmed the rights of daughters as coparceners in ancestral properties under amended Hindu Succession Act, allowing them equal shares alongside sons.
A suit for partial partition is impermissible if not all joint family properties are included, and admissions made by parties are binding.
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