DORAIRAJ versus DORAISAMY (DEAD) THROUGH LRS & ORS.

DORAIRAJ versus DORAISAMY (DEAD) THROUGH LRS & ORS.

The High Court correctly held that the suit properties were, in large part, joint Hindu family properties given the admitted genealogy and existence of ancestral income-yielding lands; the burden lay on the appellant to prove self-acquisition and legal necessity for alienations by the Karta, which was not established except in limited items, the unregistered Will was properly treated as suspicious and not relied upon, and therefore the High Court's decree awarding the plaintiff a 5/16th share (with exclusion of specified items) was upheld; the appeals were dismissed.

Parties
Appellant: Dorairaj; Respondent: Doraisamy (Dead) Through Lrs & Ors.
Jurisdiction
India
Judgment Date
05 February 2026
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order of the High Court of Judicature at Madras Dated 12.08.2009
Outcome
Appeals dismissed
Legal Topics
Karta, Coparcenary, Self Acquired Property, Burden of Proof, Will, Partition, Legal Necessity, Ancestral Properties, Alienation by Karta, Impleadment
Hindu Law Property Law Family Law Succession Karta Coparcenary Self Acquired Property Burden of Proof +6 more

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Parties

Dorairaj

Appellant

Doraisamy (Dead) Through Lrs & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order of the High Court of Judicature at Madras Dated 12.08.2009

Legal Issues

  1. 1 Whether the suit properties were joint Hindu family properties or self-acquired by individuals
  2. 2 Whether alienations/sale deeds executed by the Karta in favour of one coparcener bind other coparceners absent proof of legal necessity
  3. 3 Validity and genuineness of the unregistered Will dated 24.11.1989

Ratio Decidendi

The High Court correctly held that the suit properties were, in large part, joint Hindu family properties given the admitted genealogy and existence of ancestral income-yielding lands; the burden lay on the appellant to prove self-acquisition and legal necessity for alienations by the Karta, which was not established except in limited items, the unregistered Will was properly treated as suspicious and not relied upon, and therefore the High Court's decree awarding the plaintiff a 5/16th share (with exclusion of specified items) was upheld; the appeals were dismissed.

Court Disposition

Appeals dismissed

Orders

  • Civil Appeals dismissed
  • Impugned judgment of the High Court dated 12.08.2009 affirmed except to the limited extent modified therein (exclusion of Item Nos. 66 and 74 and part of Item No. 36 from partition)