Minor Muthu v. Prema
Case brief
What is this about?
Second Appeal against First Appellate order setting aside partition suit decree. Court held plaintiffs not entitled to share while father alive. Properties deemed Dharmalingam's separate assets via Sections 8 and 15 of Hindu Succession Act.
What did the court decide?
Second Appeal dismissed; Judgment and Decree of First Appellate Court confirmed; Suit in Trial Court dismissed.
What the court decided
S.A. NO.277 OF 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2026
CORAM:
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
S.A. NO.277 OF 2012 AND M.P. NO.1 OF 2012
1.Minor.Muthu S/o.Sambandam
2.Minor.Arunkumar S/o.Sambandam,
3.Minor.Brinda, D/o.Sambandam,
Appellants 1 to 3 are minors, represented by their Mother, Natural Guardian and Next Friend - Anjalidevi
Appellants 1 to 3 are residing at No.20, State Bank Colony, L.B.N.Nagar, Dharmapuram Road, Mayiladuthurai Town and Munsif. ...Appellants/Respondents 1 to 3/ Plaintiffs
-versus-
Issues for consideration
3 issues framed by the court
Whether plaintiffs are entitled to claim a share in suit properties during the lifetime of their father who is alive.
Whether the suit properties are ancestral joint family properties or the separate properties of Dharmalingam.
Whether Section 8 or the unamended Section 6 of the Hindu Succession Act, 1956 is applicable to determine succession.
Parties & counsel
- appellant
Minor.Muthu S/o.Sambandam
- appellant
Minor.Arunkumar S/o.Sambandam
- appellant
Minor.Brinda D/o.Sambandam
- respondent
Prema
- respondent
Minor.Hemavathi
- respondent
Case details
As recorded by the court registry
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