A ARTHI KIRUTHIKA Vs. V VISALAKSHMI

JUDGEMENT

(1.) Second Appeal is filed against the judgment and decree dated 05.10.2016 made in A.S.No.12 of 2014 on the file of the II Additional District Court, Tiruppur, confirming the judgment and decree dated 10.09.2013 made in O.S.No.29 of 2007 on the file of the Sub Court, Udumalpet.

(2.) The appellant is plaintiff and the respondents are defendants 1 to 4 in O.S.No.29 of 2007 on the file of the Sub Court, Udumalpet. While she was minor, the appellant filed the said suit represented by her mother and next friend Uma Maheswari, for declaration that the legal heirs' certificate dated 14.01.2003 issued by the fifth defendant is not valid, declaration that the averments made in the Power of Attorney dated 13.01.2013 are invalid, declaration that the document dated 02.09.2005 executed by her father, the third respondent in favour of the first respondent is not binding on the appellant, declaration that the appellant has share in 'A' schedule family property and for partition and separate possession of appellant's share in 'A' schedule property. According to the appellant, 'A' schedule property and amounts in the bank as well as bonds etc. are joint family property and it was jointly enjoyed by her grand father Thangavel and the respondents herein. The properties were purchased from and out of income from the joint family property. The appellant as per the Hindu Succession Act is entitled to a share in the joint family property. On these averments, the appellant prayed for the relief stated above.

(3.) The first respondent filed written statement and the same was adopted by the respondents 2 and 4. According to the first respondent, the properties are not joint family properties. The properties are self-acquired properties of one Kandasamy Pillai, father-in-law of the first respondent. He, by the Will dated 28.04.1982 bequeathed the properties to his son Thangavel, husband of the first respondent and his brothers. The sons of Kandasamy Pillai partitioned the properties among themselves and also the properties purchased by Thangavel and first respondent out of their individual income and the properties are not joint family properties.