http://youtube.com/post/UgkxNd-kPNaPuZeUpk3uJnY2icCzwBDluPN3?si=wfT5eBnznWbRgir_ [20/07, 13:07] sekarreporter1: Partition Suit Pending Till Final Decree Can Account For Birth & Death Of Sharers: Madras High Court The Madras High Court partly allowed second appeals in a partition dispute after holding that the death of a sharer pending the first appeal had to be accounted for before final partition by metes and bounds.
[20/07, 13:07] sekarreporter1: http://youtube.com/post/UgkxNd-kPNaPuZeUpk3uJnY2icCzwBDluPN3?si=wfT5eBnznWbRgir_
[20/07, 13:07] sekarreporter1: Partition Suit Pending Till Final Decree Can Account For Birth & Death Of Sharers: Madras High Court The Madras High Court partly allowed second appeals in a partition dispute after holding that the death of a sharer pending the first appeal had to be accounted for before final partition by metes and bounds. ByMuhib Makhdoomi|20 July 2026 12:00 PM The Madras High Court has held that a partition suit remains pending till actual division by metes and bounds under a final decree, and therefore, subsequent events such as birth and death of a sharer can be taken into account for modifying the preliminary decree. Applying the principle that even children born from an invalid marriage are entitled to a share in the separate property of their father, the Court partly modified the partition decree and granted them shares in the deceased father’s portion. The Court was hearing second appeals arising from a partition suit in which the plaintiff sought a share in ancestral properties. The courts below had treated the suit properties as joint family properties and granted shares to the plaintiff and another daughter, while excluding two sons on the finding that they were born from an invalid marriage.
https://www.verdictum.in/madras-high-court/lakshmana-gounder-since-deceased-others-v-selvi-another-2026mhc2841-1618113