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2007 Supreme(Online)(Ker) 16521

KERALA HIGH COURT
K. A. Abdul Gafoor, J.
B. Nalini v. Kasthuri and Others


Table of Content
1. siblings dispute over property rights. (Para 1 , 2 , 3)
2. arguments regarding the inheritance split. (Para 4 , 5 , 6)
3. legal principles guiding ancestral property claims. (Para 7 , 8 , 9)
4. determination of shares based on existing laws. (Para 10 , 11 , 12)
5. final considerations and conclusion. (Para 13 , 14 , 15)

1. The fight was between a brother and his sister, the children of one Lakshmana. They were quarrelling over the property left by their father. The brother sued for partition. The Court below passed the impugned preliminary decree. Both parties are dissatisfied. Therefore, the appeal by the first defendant sister and cross objection by the legal representatives of the plaintiff brother.

2. There are seven items in plaint schedule property. All belonged to one Koraga, their grand father. Item Nos. 1 to 6 are the properties obtained by him on partition in his family, evidenced by Ext. A1 partition deed. Item No. 7 is the self acquired property acquired in the year 1940. The former will be here in after described as the joint family property and the latter will be described as the self acquired property for convenience sake. Koraga and his wife Ammini Amma






















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