Madras High Court

Madras High Court: Sisters Secure Equal Share in Family Property Dispute

Updated
Sep 25, 2025 4:51 PM
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Quick Summary

In a recent court decision, two sisters, Mariammal and Kulanthaivel Nachiyar, won a case against their brothers, Selvaraj and Velladurai, for a share in their family property. The court decided that the sisters should each get a quarter of the property, rejecting the brothers' claims that they owned it all.

The Family Property Dispute

The case began when Mariammal and Kulanthaivel Nachiyar went to court to ask for their share of the family property. They wanted each to get a 1/4 share of the property that originally belonged to their mother, Krishna Mani.

Court's Initial Decision

Back in 2016, the first court agreed with the sisters. It decided that each sister should get a 1/4 share of the property. However, Selvaraj and Velladurai disagreed and challenged this decision.

The Appeal and Arguments

Selvaraj and Velladurai said that the sisters had given up their shares after their father's death. They claimed they had been the only ones using the property since then. But, they didn't show any evidence or bring any witnesses to back up their claims.

"Just saying something without proof does not meet the high requirement to show that someone has been pushed out in a case where people share ownership."

Evidence Presented by the Sisters

Mariammal showed several papers like death certificates, property tax receipts, and mortgage agreements. These papers showed that the sisters still owned the property together. The court found this proof convincing.

Judges' Decision

Judges C.V. Karthikeyan and R. Vijayakumar looked at the case. They found no good reason in Selvaraj and Velladurai's challenge. The judges decided that the sisters had not been pushed out of the property and deserved their shares.

Final Verdict

The challenge was rejected, and the temporary hold on dividing the property was removed. The sisters' right to a 1/4 share each was confirmed, marking a win for them.