D Prasanna vs D S Chari
2021 Latest Caselaw 3003 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: S.A.No.388 of 2021
                                PROCEEDING SHEET
Sl.   Date                                 ORDER                               OFFICE
No.                                                                             NOTE
 2 11.08.2021    MVR,J

                         Heard Sri Rachapudi Satyanarayana, learned
                 counsel for the appellants. Considering the decrees and
                 judgments of the 1st appellate Court and the trial Court,
                 since the following substantial questions of law arise for
                 determination in this second appeal, ADMIT.
                    1. Whether the share which a coparcener obtains on
                         partition of the joint family property is not the
                         joint family property in which his children and
                         grand children have a right by birth?
                    2. Whether the share allotted to a son in partition of
                         the joint family properties, acquired by father
                         and sons, by their joint labour and efforts, in the
                         name of the father, being the kartha of the joint
                         family would lose its character (as joint family
                         property) and become the absolute property of
                         the dividing son- as regards his child and grand
                         children?
                    3. Whether there is any joint family property in
                         which a coparcener has no right by birth?
                    4. Whether son's children are not within three
                         degrees from the holder of the joint family
                         property?
                    5. Whether the stipulation in the partition deed
                         Ex.A1 as to the future mode of enjoyment can be
                         so interpreted as to conflict with the recitals as
                         to the nature of property divided and the rights
                         of others not parties to the deed?
                         Notice to respondents.

List during last week of October, 2021 along with I.A.No.2 of 2021.

_____ MVR,J RR