B Prameela vs B Hanimidied
2021 Latest Caselaw 2776 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.339 of 2021

                            PROCEEDING SHEET

Sl.     Date                          ORDER                               OFFICE
No.                                                                        NOTE

 1.   02.8.2021 MVR,J
                         Second Appeal No.339 of 2021

                     Heard Sri Harish Kumar Rasineni, learned
               counsel for the appellants. Considering the decrees
               and judgments of the trial Court as well as the first
               appellate Court since the following substantial
               questions of law arise for determination in this
               second appeal, Admit:

                1. Whether the Courts below have correctly applied
                   the principle of burden of proof and shifting the
                   onus while deciding the question whether the suit
                   property was a joint family property or a self-
                   acquired property of defendant No.1 when it is
                   admitted case of the defendant No.2 that the suit
                   schedule property is joint family property as per
                   Ex.A.4 partition deed dated 16.5.2008?

                2. Whether the registered partition deed dated
                   16.5.2008 between the father and son (defendant
                   Nos. 1 and 2) is legal and binding on the daughters
                   who are plaintiffs and defendant No.3 in view of the
                   Hindu Succession (Amendment) Act, 2005?

                3. Whether in the facts and circumstances of the case
                   and in view of Section 6 of the Hindu Succession
                   (Amendment) Act, 2005, the appellants/plaintiffs
                   attained the status of coparcener in their own right
                   in the same manner as their brother/defendant
                   No.2 in respect of the suit schedule properties?

                     Issue notice to the respondents to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).

List during the last week of October 2021.

________ MVR,J I.A.No.1 of 2021 To list along with the Second Appeal.

________ MVR,J vasu