T.N. RAJASEKAR versus N. KASIVISWANATHAN AND ORS.

T.N. RAJASEKAR versus N. KASIVISWANATHAN AND ORS.

The valuation of Item No.6 and overall distribution of properties among Class II heirs as determined by the Single Judge, and affirmed (with minor modification regarding compensation adjustment) by the High Court, is legally sound. Owelty amount was correctly calculated; the appellant must pay the balance Rs.30,24,086 to respondents to effectuate fair division and take possession of the allotted house.

Parties
Appellant: T.N. Rajasekar; Respondents: N. Kasiviswanathan and Ors.
Jurisdiction
India
Judgment Date
28 July 2005
Procedural Posture
Civil Appeal / Appeal From Madras High Court, Judgment Dated 11.03.2003
Outcome
Appeals disposed of, High Court judgment confirmed subject to Supreme Court directions
Legal Topics
Hindu Succession Act, Partition, Owelty, Class II Heirs
Succession Law Hindu Law Hindu Succession Act Partition Owelty Class II Heirs

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Parties

T.N. Rajasekar

Appellant

N. Kasiviswanathan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Madras High Court, Judgment Dated 11.03.2003

Legal Issues

  1. 1 Whether the valuation and allotment of properties among Class II heirs were proper under the Hindu Succession Act, 1956
  2. 2 Whether the owelty amount calculation and its adjustment from land acquisition compensation was justified
  3. 3 Whether the Division Bench appropriately addressed all contentions raised by parties

Ratio Decidendi

The valuation of Item No.6 and overall distribution of properties among Class II heirs as determined by the Single Judge, and affirmed (with minor modification regarding compensation adjustment) by the High Court, is legally sound. Owelty amount was correctly calculated; the appellant must pay the balance Rs.30,24,086 to respondents to effectuate fair division and take possession of the allotted house.

Court Disposition

Appeals disposed of, High Court judgment confirmed subject to Supreme Court directions

Orders

  • Appellant directed to pay balance owelty amount of Rs.30,24,086 with interest to respondents
  • Respondents to hand over peaceful vacant possession of Item No.6 (House No. 16, Dr. Vasudevan Street, Kilpauk, Chennai) to appellant within one week of deposit