In this case, evidence has been
adduced to show that the deceased Gokilambal had no issues and her
husband was also no more. The plaintiffs as legal heir of her husband are
entitled to the property since it is a property inherited by her from her
husband. Eventhough, document of title stands in her name as though she
is the owner, the evidence would go to show that the property belonged to
her husband and she might have got it only by inheritance, she having been
a house wife having no independent means to purchase the property.
Hence, the plaintiffs are entitled to partition and separate possession as
claimed in the plaint.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :22.01.2015
CORAM
THE HONOURABLE MRS. JUSTICE S.VIMALA
C.S.No.622 of 2009
R.Gopalakrishnan
Vs.
B.Visalakshi
Citation;AIR 2015 Madras 151
