VidhiSangh

Supreme Court of India · 05/02/2026

DORAIRAJ versus DORAISAMY (DEAD) THROUGH LRS & ORS.

[2026] 2 S.C.R. 545 · 2026 INSC 126

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Summary

In a family partition suit over agricultural lands in Tamil Nadu, the Supreme Court upheld the High Court's second-appeal judgment. The plaintiff had proved income-yielding ancestral property and acquisitions made while the family was joint, so the burden shifted to the appellant to prove self-acquisition, which he failed to do. Sales by the karta without proved legal necessity, and an unregistered Will made in suspicious circumstances, did not defeat the partition.

Issues

  1. Whether the suit properties were joint Hindu family properties or self-acquisitions of the karta or the appellant.
  2. Whether there had been any prior partition or severance of joint status.
  3. Whether sales by the karta in favour of one coparcener, and sales made as guardian of minor members of a collateral branch, bound the other coparceners.
  4. Whether the unregistered Will executed shortly before the karta's death was proved and could be reopened.
  5. Whether impleadment of alleged heirs of a deceased coparcener at a late stage was rightly refused.

Held

Result

Civil appeals dismissed, with no order as to costs; High Court judgment, including its limited exclusions from partition, affirmed.

Judgment PDF: Supreme Court of India, [2026] 2 S.C.R. 545.