Court dismisses allegations of fraud and reaffirms finality of partition among family members.
In a significant ruling, the Andhra Pradesh High Court has upheld the validity of a partition and settlement deed concerning properties belonging to a Hindu Undivided Family (HUF), dismissing allegations of fraud brought forth by the plaintiffs. The division bench comprising Sri Ravi Nath Tilhari and Sri Maheswara Rao Kuncheam delivered the judgment on January 22, 2026, in the case of Goriparthi Jhansi and others versus Goriparthi Sriram Murthy and others.
The appeal arose from a suit filed by Goriparthi Jhansi, the widow of the deceased G. Nageswara Rao, and her children, seeking to reopen the partition deed and settlement deed executed on June 27, 2008. The plaintiffs alleged that these deeds were fraudulent, collusive, and prejudicial to their interests, particularly affecting the rights of a minor child involved.
However, the High Court found that the plaintiffs failed to substantiate the allegations of fraud with specific and cogent evidence. The Court emphasized that mere assertions of fraud, without concrete details, cannot suffice to overturn settled agreements. The judgment reiterated the principles that for a partition to be reopened, the claimants must prove fraud, coercion, or undue influence, especially when minors' interests are claimed to be affected.
The Court noted that the partition was executed with the consent of all involved parties, including the deceased husband of the first plaintiff, during his lifetime, and had been acted upon. The evidence presented did not demonstrate any inequity or prejudice towards the minor's interest that would justify reopening the partition.
By affirming the trial court's decision, the High Court underscored the importance of respecting the finality of partition deeds executed voluntarily and with clear consent, barring exceptional circumstances where fraud is clearly proven. This judgment serves as a reminder of the stringent standards required to challenge and set aside family settlements and partitions, ensuring stability in family property arrangements.
Bottom Line:
Partition of Hindu Undivided Family (HUF) properties - Reopening of partition and settlement deeds on grounds of fraud and minor's interest - Principles of fraud and protection of minor's rights emphasized.
Statutory provision(s): Hindu Succession Act, 1956, Civil Procedure Code, 1908
Goriparthi Jhansi v. Goriparthi Sriram Murthy, (Andhra Pradesh)(DB) : Law Finder Doc id # 2843038
