Sumalatha v. P. Arumugha Mudaliar(died)
Second Appeal under Section 100 CPC – Hindu Succession Act, 1956, Section 8
Case brief
What is this about?
S.A. No.1006 of 2009, High Court of Judicature at Madras, S.S.Sundar J., decided 17.02.2025 — Sumalatha & Vinu Chakravarthi (plaintiffs/appellants) v. P.Arumugha Mudaliar (deceased) and LRs Vasuki, Anandan, Anandhi, Vairavel; counsel: Mrs.R.Meenal (appellants), Mr.T.S.Baskaran (respondents). Second appeal DISMISSED. Key points: Section 8 Hindu Succession Act, 1956 devolution on father after grandfather's death (c.1970); property allotted to father under 10.12.1977 partition deed is his absolute property, not ancestral/joint family property; sons/legal heirs have no interest and cannot challenge father's 10.12.1979 sale; legal-necessity/minors'-welfare proof immaterial and unnecessary; suit as framed not maintainable. Substantial questions raised on Section 8 Hindu Minorities and Guardianship Act, limitation, family necessity, and non-joinder of appellants to the sale; limitation question left undecided. Statutes: Section 100 CPC; Section 8 Hindu Succession Act, 1956; Section 8 Hindu Minorities and Guardianship Act. No precedent case cited.