In a recent decision by the Madras High Court, Judge P.B. Balaji gave a ruling on a complicated property disagreement involving family lands in Elambalur village. The case focused on whether certain properties were owned by the whole family together or bought individually by family members.
The case started with a lawsuit filed by Dr. P. Chinnaiyan, who wanted to divide ten properties he said were owned by the family together. The properties were first bought by his parents, Nallu @ Periyasamy and Chinnapillai, in the 1950s. The first court had allowed him a share in two properties but dismissed claims on the others, leading to appeals from both sides.
Dr. P. Chinnaiyan's Claim: He argued that the properties were bought with money earned by the family together, so he should get a share. His lawyer, Mr. A.E. Chelliah, stressed the family's joint efforts in buying these properties.
Opposing View: The other side, represented by Mr. M. Sridhar, argued that the properties were bought by the elder brother, Makkali, and his wife, Rajammal, with their own money. They pointed out the lack of proof showing these were family-owned properties.
Items 1 and 2: The court found that these properties were sold to other people during the parents' lifetime and later bought back by individual family members. So, they were not family-owned properties.
Items 3 to 9: The court decided that these were bought by Rajammal and her husband with their own money, with no proof of family money being used.
On December 19, 2025, Judge Balaji ruled in favor of the other family members in A.S.No.419 of 2023, dismissing Dr. P. Chinnaiyan's claims on all properties except for agreeing with the first court’s decision on the first two items. The court noted the lack of proof supporting the claim of family ownership and confirmed the properties were bought individually.
This decision highlights the need for clear proof in property disagreements, especially in cases involving family claims.
