PONNUSAMY Vs. SATHYAPRIYA

JUDGEMENT

(1.) The second defendant in O.S.No.29 of 2001, on the file of the Sub Court, Arni, is the appellant herein.

(2.) The respondents 1 to 3 herein, filed the above suit for partition of 3/4th share in the suit property against the fourth respondent.

(3.) The case of the respondents 1 to 3 herein was that the suit properties are the joint family properties of the respondents 1 to 3 and 4 and the fourth respondent is their father and the suit property was allotted to the share of the fourth respondent in a partition deed, dated 4.6.1973, entered into between the fourth respondent and his brothers and father. After coming into force of the Tamil Nadu amended Act 1 of 1990, the respondents 1 to 3, who are the daughters of the fourth respondent are entitled to a equal share, along with their father, viz., the fourth respondent and therefore, they are entitled to 3/4 share and the fourth respondent has no right to sell the properties to the appellant, who was the second defendant in the suit and the sale is not for family necessity and the sale is not binding on the respondents 1 to 3 and hence, there are entitled to the relief of partition.