ADDAGADA RAGHAVAMMA AND ANR. versus ADDAGADA CHENCHAMMA AND ANR.

ADDAGADA RAGHAVAMMA AND ANR. versus ADDAGADA CHENCHAMMA AND ANR.

On the facts, the appellant failed to discharge the burden to prove the adoption or division, and the evidence did not establish that the will or intention to divide was brought to the knowledge of the affected parties before the death of the testator. Therefore, the interest devolved by survivorship, and the will could not operate to convey the property.

Parties
Appellant: Addagada Raghavamma; Respondent: Addagada Chenchamma; Respondent: Kamalamma
Jurisdiction
India
Judgment Date
09 April 1963
Procedural Posture
Civil Appeal / Appeal by Certificate Against Judgment and Decree of Andhra Pradesh High Court
Outcome
appeal dismissed
Legal Topics
Partition, Adoption, Burden of Proof, Division in Status, Doctrine of Relation Back, Will and Testament, Succession by Survivorship
Hindu Law Property Law Family Law Succession Partition Adoption Burden of Proof Division in Status +3 more

Case Brief

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Parties

Addagada Raghavamma

Appellant

Addagada Chenchamma

Respondent

Kamalamma

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate Against Judgment and Decree of Andhra Pradesh High Court

Legal Issues

  1. 1 Whether the adoption of Venkayya was true and valid
  2. 2 Whether Pitchayya and Chimpirayya were divided as alleged by the plaintiff
  3. 3 Whether the will executed by Chimpirayya constituted a severance in status enabling him to bequeath his property by will

Ratio Decidendi

On the facts, the appellant failed to discharge the burden to prove the adoption or division, and the evidence did not establish that the will or intention to divide was brought to the knowledge of the affected parties before the death of the testator. Therefore, the interest devolved by survivorship, and the will could not operate to convey the property.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs