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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.Sujana
S. Venkat Reddy – Appellant
Versus
S.Malla Reddy Died per LRs RR11 – Respondent
| Table of Content |
|---|
| 1. context of property ownership and familial relations. (Para 1 , 2 , 3) |
| 2. argument regarding the plaintiffs' rights and customs. (Para 4 , 6 , 7) |
| 3. judicial recognition of illatom customs. (Para 8 , 10 , 12) |
| 4. distinctions drawn between illatom son-in-law and adopted son. (Para 9 , 11) |
| 5. final verdict acknowledging rights to partition. (Para 13) |
JUDGMENT :
K. Sujana, J.
This appeal is filed by the appellants-plaintiffs aggrieved by the judgment and decree dated 17.09.2008 passed in O.S.No.414 of 2001 on the file of IV- Additional Senior Civil Judge (FTC), Ranga Reddy District. The suit is filed for preliminary decree for partition of the plaint schedule properties into four equal shares and to put them in exclusive possession of the same. For the sake of convenience, the parties herein after referred to as arrayed in the suit.
2. The plaintiff No.1 and defendantNos.1 to 3 are the sons of late Chandra Reddy. Late Chandra Reddy and his brother Chukka Reddy constituted a joint family and they owned agricultural lands in Nanakramguda village, Sherilingampally Mandal, Rangareddy District. The properties included lands in survey numbers 19, 20, 21, 23, 24, 27, 28, and 148.
The custom of Illatom son-in-law preserves inheritance rights, distinguishing from adopted son status, thus impacting entitlement to ancestral properties.
Point of law: A perfectly valid adoption deed can be made without an adoption deed and any status which the adopted son gets by virtue of adoption is due to the proper ceremonies being performed and ....
Valid adoption severs biological family ties completely; unchallenged adoption makes acquired property exclusive to adopted son, barring biological brother's partition claim absent timely challenge.
The mother of a deceased Hindu male is a Class-I heir and entitled to a share in the property left by the deceased. Her legal heirs are also entitled to a share after her death.
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
The court affirmed the joint family status and the trial court's ruling on partition, rejecting claims of prior oral partition due to insufficient evidence.
The court upheld that a registered adoption presumes validity unless disproved, affirming married daughters' inheritance rights under Hindu law.
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