Monday, June 1, 2026

[Partition and Nature of Property] Property allotted to a coparcener on partition of ancestral estate retains its ancestral character vis‑à‑vis his male descendants, who acquire rights by birth. (Paras 7.2, 9–10)

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APEX COURT 

  • [Section 100 CPC – Scope of Second Appeal] High Court cannot re‑appreciate evidence under Section 100 CPC unless findings of lower courts are contrary to law, based on inadmissible evidence, or recorded without evidence. (Paras 12, 12.1, 12.2, 32–36)

  • [Substantial Question of Law] A substantial question of law must materially affect rights of parties; mere re‑appreciation of facts does not qualify. Misconstruction of documents or violation of settled law may give rise to such a question. (Paras 12, 12.1, 33)

  • [Partition and Nature of Property] Property allotted to a coparcener on partition of ancestral estate retains its ancestral character vis‑à‑vis his male descendants, who acquire rights by birth. (Paras 7.2, 9–10)

  • [Self‑Acquired vs. Ancestral Property] No presumption that property is joint family property merely because a joint family exists; burden lies on the party asserting joint family character to prove existence of nucleus. (Paras 13, R. Deivanai Ammal case extract)

  • [Doctrine of Nucleus] To establish property as joint family property, proof of sufficient nucleus capable of acquisition is essential; mere existence of small or insignificant nucleus is insufficient. (Para 13)

  • [Doctrine of Blending] Self‑acquired property becomes joint family property only if voluntarily thrown into common stock with clear intention to abandon separate claim. (Paras 6.3, citing Mallesappa Bandeppa Desai and Lakkireddi Chinna Venkata Reddi)

  • [Burden of Proof] Once existence of nucleus is proved, presumption arises that property acquired is joint; burden shifts to party claiming self‑acquisition to prove independent funds. (Para 13)

  • [Sale of Joint Family Property] Alienation of joint family property without consent of coparceners and without legal necessity is void. (Paras 7.4, 10)

  • [Relief of Cancellation of Sale Deed] In a suit for partition, specific prayer for cancellation of sale deed executed in favour of third parties is mandatory. (Para 6.2, citing Murugan v. Kesava Gounder)

  • [Findings of First Appellate Court] First Appellate Court is final court of facts; its findings cannot be interfered with unless vitiated by ignoring material evidence or misapplication of law. (Paras 12, 12.1, 34–36)

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