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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Kolluri Laxman – Appellant
Versus
K Lakshmi – Respondent
JUDGMENT :
TIRUMALA DEVI EADA, J.
Since the subject matter involved in both the appeals is one and the same and the parties are also same, both the appeals are being disposed of by way of this common judgment.
2. CCCA No.53 of 2019 is filed by the appellant, being aggrieved by the judgment and preliminary decree, dated 15.03.2007 passed in O.S.No.1156 of 2007 by the learned VIII Additional Senior Civil Judge (FTC), City Civil Court, Hyderabad (for short “the trial Court”), while CCCA No.110 of 2019 is filed being aggrieved by the final decree dated 12.02.2019 passed in I.A.No.25 of 2010. I.A. No.1 of 2025 in CCCA No.53 of 2019 is filed by the petitioner-defendant No.2 to receive the documents viz., copy of Will (Veelunama) dated 27.07.1996 and copy of Druveekarana Patram dated 14.11.2001.
3. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.
4. The averments of the plaint in brief are that the plaintiffs are the daughters of late Kolluri Rajaiah and defendant No.3- Balrajamma, who died on 12.08.1996 intestate leaving behind the plaintiffs i.e. three daughters and two sons i.e. defendant Nos.1 and 2 and his
Joint family property laws affirm equal entitlement to heirs in intestate succession, rejecting claims of prior partition absent conclusive evidence.
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....
The rights of daughters in family property cannot be extinguished by dowry or oral agreements without clear evidence.
The main legal point established in the judgment is the entitlement of the Plaintiffs to a 1/4th share in the joint family ancestral properties and the invalidity of the registered Will Deed.
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
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