VidhiSangh

Supreme Court of India · 02/07/2019

PHAREZ JOHN ABRAHAM (DEAD) BY LRS. versus ARUL JOTHI SIVASUBRAMANIAM K. & OTHERS

[2019] 9 S.C.R. 10 · 2019 INSC 713

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Summary

The daughter’s heirs were denied a partition share because the evidence and her lifetime conduct supported the pleaded settlement under which she had relinquished her share for money and ornaments. The other defendants could appeal dismissal of the partition suit despite claiming shares in their written statement rather than a counterclaim. Proceeding on the accepted premise of Christian adoption, the Court recognised the adopted children’s succession rights and redistributed the property in three equal branches.

Issues

  1. Whether the evidence established the deceased daughter’s relinquishment under the family settlement.
  2. Whether defendants claiming partition shares could appeal without a counterclaim.
  3. Whether the adopted children’s branches were entitled to share in their Christian adoptive father’s estate.

Held

Result

Appeal concerning the plaintiffs’ RFA 546/2004 allowed; their partition claim dismissed by restoring the trial decree. Appeal concerning defendants’ RFA 940/2004 partly allowed: defendant 2, defendant 3 and defendants 4–5 jointly awarded one-third each instead of the High Court’s quarters. No costs.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 10.