Supreme Court Upholds High Court Ruling on Joint Family Property Dispute Apex Court Dismisses Appeals, Affirms Partition of Ancestral Properties Among Coparceners
In a significant judgment, the Supreme Court of India has upheld the decision of the Madras High Court concerning a long-standing family dispute over the partition of joint Hindu family properties. The case, Dorairaj v. Doraisamy (Dead), revolved around the division and alienation of agricultural properties situated in Perambalur Taluk, Tiruchirappalli District.
The legal battle, which began with a suit for partition filed in 1987, involved 79 items of immovable properties primarily comprising agricultural lands. The dispute centered on the nature and character of these properties, the validity of certain alienations, and the impact of a purported will executed shortly before the death of the family patriarch, Sengan.
The Supreme Court, comprising Justices Sanjay Karol and Satish Chandra Sharma, dismissed the civil appeals filed by Dorairaj (Appellant), affirming that the properties were joint family properties. The Court emphasized that once ancestral properties yielding income are shown to exist, the burden shifts to the individual claiming self-acquisition to prove otherwise.
The judgment detailed that the properties acquired during the subsistence of the joint family are presumed to be joint family properties unless proven otherwise. The Court noted that the Appellant failed to establish that the acquisitions were made from independent income sources, as claimed.
The Appellant's contention that certain alienations were made for legal necessity was scrutinized, with the Court affirming the High Court's approach in evaluating each transaction. The Supreme Court supported the High Court's decision to exclude properties that were clearly shown to have been acquired from independent sources, thus not forming part of the coparcenary.
Regarding the contentious will, the Court upheld the lower courts' findings that the will was surrounded by suspicious circumstances, including its execution just before the testator's death and deviations from usual practices. Consequently, the will was deemed invalid.
The Supreme Court's decision brings closure to this protracted litigation, reinforcing the principles of Hindu law pertaining to joint family properties and the evidential burden in cases of self-acquisition claims.
Bottom Line:
Partition of Joint Hindu Family Property - The burden to establish self-acquisition lies on the individual asserting it when ancestral properties yielding income existed, and acquisitions were made during the subsistence of the joint family.
Statutory provision(s):
- Hindu Law - Joint Hindu Family Property
- Procedural Law - Impleadment
- Hindu Law - Will and Alienation
- Hindu Law - Partition
This judgment underscores the complexities involved in partition suits within joint Hindu families and highlights the judiciary's role in meticulously evaluating claims of self-acquisition and the validity of alienations for legal necessity.
Dorairaj v. Doraisamy (Dead), (SC) : Law Finder Doc Id # 2849535
