Title: SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS v E. VANAJA AND ORS
Citation: CIVIL APPEAL NO.3667 OF 2018
Dated on: 6.11.2023
Coram: HON’BLE JUSTICE B.R GAVI, JUSTICE HIMA OHIL & JUSTICE PRASHANT KUMAR MISHRA
In present case involving partition suit entitlements, Justice Prashant Kumar Mishra considered a defendant’s appeal against a High Court verdict and decree. The lawsuit claimed a portion of the properties based on familial relationships and property acquisitions. The Court’s inquiry focused on the interpretation of Hindu female inheritance rules and their rights in intestate succession cases. Finally, the Court’s verdict clarified the plaintiff’s claims, establishing a precedent for future partition suits in similar circumstances.
Brief facts of the case
In the present case the plaintiff (E. Vanaja) is the widow and only heir to Elango, Nallathambi Chettiar’s third son. She filed a partition suit, claiming 1/8th share of the properties indicated in schedules ‘B’, ‘C’, and ‘C1’ as joint family property.
The defendants are Nallathambi Chettiar’s wife, children, and grandchildren. They admitted the parties’ relationship, but opposed the plaintiff’s claim on the grounds that some of the properties were self-acquired or purchased with the defendants’ own money. They also relied on a Will signed by the first defendant (Nagammal), the plaintiff’s mother-in-law.
Court analysis and judgement
The Hon’ble Bench of the Supreme Court considered the facts, legal provisions, and lower court rulings, and concluded that the plaintiff was entitled to a 1/16 share of the properties specified in schedules ‘B’ and ‘C1’34. However, the plaintiff was not entitled to a share of her mother-in-law’s property in the lawsuit. The Court confirmed that all of the disputed properties were joint family properties. The Court evaluated the contested will, but determined that it had no effect on the plaintiff’s share. In summary, the Supreme Court granted the appeal in part, altering the High Court’s decision to provide the plaintiff a share of specified properties while maintaining their joint family status.
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Written by- Namitha Ramesh
