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february 2007

Supreme Court of India · 2007-02-20

CHINTHAMANI AMMAL vs NANDAGOPAL GOUNDER

Citation / case number
SC 1999/16401
Court
Supreme Court of India
Petitioner
CHINTHAMANI AMMAL
Respondent
NANDAGOPAL GOUNDER
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the intention to sever joint family status must be clearly established, as per the principles laid down in A. Raghavamma v. A. Chenchamma [AIR 1964 SC 136]. The Court found that the appellant's father did not effectively separate from the joint family before his death in 1943, thus the appellant had no claim to the property by succession. The judgment of the High Court allowing the appellant's claim was set aside, reaffirming the trial court's decision that the property remained joint family property.

CHINTHAMANI AMMAL vs NANDAGOPAL GOUNDER · Niyam