Gopal Vs C.Ramasamy (Died) — Succession and Inheritance | Madras HC (2025)

Gopal Vs C.Ramasamy (Died) — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

Appeal Suit No.461 of 2022 disposed of with liberty to the parties concerned to work out their remedy with respect to the assets left behind by Ramasamy by instituting a separate suit; any observations made in O.S.N.305 of 2019 by the trial Court shall not stand in the way of deciding such suit; No costs.

Issue for consideration

Whether, after the specific performance suit (O.S.No.155 of 2011) was dismissed on appeal through A.S.No.460 of 2022, the issue of inheritance/succession to the property of Ramasamy (died interstate) remains open despite the trial Court's dismissal of the partition suit. +1 more

Court's answer

Since the specific performance suit has now been dismissed on appeal, the issue of inheritance remains open.

Ratio / Principle

The partition suit has to be decided on the basis of the source of title through which Ramasamy acquired property.

Key takeaways

Even if the property is the self acquired property of Ramasamy, since he died interstate, his legal heirs are entitled to succeed the property as per Section 8 of the Hindu Succession Act.ratio¶29
Appeal Suit No.461 of 2022 is disposed of with liberty to the parties concerned to work out their remedy with respect to the assets left behind by Ramasamy by instituting a separate suit.ratio¶34
Any observations made in O.S.N.305 of 2019 by the trial Court shall not stand in the way of deciding such suit.

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice G. Jayachandran, J.), by order dated 17.07.2025, disposed of A.S.No.461 of 2022, an Appeal Suit filed under Section 96 r/w 41 of Code of Civil Procedure by Gopal to set aside the judgment and decree dated 01.12.2021 of the learned Sessions (Fast Track Mahila) Judge, Namakkal in O.S.No.305 of 2019, a partition suit filed by a legal heir of Ramasamy (who died interstate) claiming equal shares in the property held in Ramasamy's name, which Ramasamy had encumbered by entering into a sale agreement with Sellappan. The trial Court, hearing the partition suit together with Sellappan's specific performance suit (O.S.No.155 of 2011, based on the agreement dated 07.07.2010), decreed specific performance and dismissed the partition suit taking note of the plea that the property was Ramasamy's self acquired property. Since the appeal against the specific performance decree, A.S.No.460 of 2022, has been allowed, the specific performance suit stands dismissed on appeal; the High Court held that the issue of inheritance thereby remains open, and that even if the property is the self acquired property of Ramasamy, since he died interstate, his legal heirs are entitled to succeed to the property as per Section 8 of the Hindu Succession Act. Appeal Suit No.461 of 2022 was accordingly disposed of with liberty to the parties to work out their remedy with respect to the assets left behind by Ramasamy by instituting a separate suit, with a direction that any observations made in O.S.N.305 of 2019 by the trial Court shall not stand in the way of deciding such suit. No costs.