Mutual acknowledgment of property rights among siblings necessitates court intervention for equitable partition and sharing of property.

J U D G M E N T

The present suit is filed for partition and separate possession of the Suit Schedule Properties among the siblings, who are the parties to this suit.

2. The plaintiff and defendants 1 to 4 are siblings. The plaintiff claims that he is entitled to a 1/5th share in the Suit Schedule Properties, which have devolved upon the plaintiff and defendants 1 to 4 by way of inheritance from their parents. The suit properties are the self-acquired properties of their father and mother. The fifth defendant is a lessee in occupation of Schedule 'C'

property.

3. Defendants 1 to 4 have acknowledged the relationship among the parties and have also admitted their respective rights over the Suit Schedule Properties. They have prayed for the passing of a Preliminary Decree, declaring each of them, including the plaintiff, entitled to a 1/5th undivided share in the Suit Schedule Properties.

4. For better appreciation the relevant para from the written statement are extracted hereunder:

Written statement of the First Defendant:

Para No.7 and Unnumbered para “...7.The first defendant states that except for the above stated just demands the first defendant is ready and willing to consent for a preliminary decree to partition of the properties such as his dwelling house, the “A” Schedule property, “C” Schedule property at Arni, Tiruvannamalai District, “D” Schedule property at Arni Town, “E” Schedule property at Melputhupakkam Village, “F” Schedule property at Arni “H” SBI Life Insurance amount into 5 equal shares and grant 1/5^th share to this defendant. The “B” Schedule property and the 10 sovereigns of jewellery from the “G” Schedule movables, may be granted to this defendant apart from the 1/5 share of the remaining available jewellery..

It is therefore prayed this Hon'ble Court may be pleased to pass a decree granting 1/5 share to this defendant as above stated and grant such or other orders or necessary releifs as it may require in the circumstances of this case...”

Written statement of the Second Defendant:

Para No.5 and Unnumbered para “… 5.The second defendant is hereby willing to consent to the passing of preliminary decree declaring 1/5 share to this defendant....

It is therefore prayed this Hon'ble Court may be pleased to pass a decree granting 1/5 share to this defendant...”

Written Statement of the third defendant:

Para No.2 “…2.This defendant admits the averments made in para 7 to 9 of the plaint regaring the details of the parents and relationship between the parties are generally true. This defendant further states that there is no dispute regarding identity of the properties available for partition and entitlement of the each party in the suit schedule mentioned properties. Hence this defendant most respectfully pray that this Hon'ble may be pleased to pass a preliminary decree declaring the shares and appoint an Advocate Commissioner to prepare a report for division of the suit schedule properties and allotment of the same to the defendant...”

Written Statement of the Fourth defendant:

Para No.2 “...2.This defendant admits the averments made in para 7 to 9 of the plaint regarding the details of the parents and relationship between the parties are generally true. This defendant further states that there is no dispute regarding identity of the properties available for partition and entitlement of the respective sharers...”

5. Upon perusal of the pleadings and submissions made by both parties, it is evident that there exists no dispute on any material question of law or fact between the plaintiff and defendants 1 to 4. The only point of divergence pertains to the manner of division of the suit schedule properties amo