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Telangana High Court

Telangana HC: Property bought in one legal heir's name without proof of self-earning falls in the joint family pool

Court
High Court for the State of Telangana
Date of judgment
1 October 2026
Case
AS/191/2000
Parties
YEDDULA JAIPAL REDDY AND ANOTHER Vs YEDDULA MUTHYALAMMA AND 3 OTHERS
Bench
SUDDALA CHALAPATHI RAO
Outcome
Dismissed

Summary

The Telangana High Court has dismissed an appeal that had been pending since 2000 in a family partition dispute, holding that once a joint family nucleus is shown to exist, any property purchased in the name of one legal heir, without evidence of self-earning, falls in the common pool of joint family properties. Justice Suddala Chalapathi Rao confirmed the judgment and decree of 1 December 1999 of the Senior Civil Judge, Nagarkurnool, in O.S. No. 1 of 1994, which had ordered partition of all four schedules of property.

The suit was filed by the mother, her youngest son, her daughter and the youngest son's wife against the eldest son and his wife. They said that land left by the family's father, Yeddula Yella Reddy, who died without a will on 9 September 1989, and other properties purchased later, was joint family property. The eldest son accepted that Schedules A, C and D were ancestral, but said that Schedule B was bought with his own funds and was his self-acquired property. The mother died on 17 March 1996, while the suit was pending, after leaving a registered Will in favour of her youngest son. The trial court decreed the suit and directed the plaintiffs to apply for an Advocate Commissioner to divide the properties by metes and bounds for a final decree.

The eldest son and his wife appealed. The appeal was reserved on 2 July 2026 and decided on 1 October 2026.

The question before the court

What each side argued

The court's decision

Schedules A, C and D: The eldest son had admitted in his pleadings and in cross-examination that these properties were ancestral and that he had no objection to their partition. The Court found no evidence to disturb the trial court's findings and answered this point in the plaintiffs' favour.

The Will: The Court said that the person relying on a Will must prove it beyond reasonable suspicion. The Will was registered, its scribe proved its execution, and his cross-examination raised no suspicion. The eldest son's own admission that he was not on good terms with his mother and did not participate in her last rites, the Court said, shows that he was offended when she executed the Will in favour of the youngest son. Nothing was placed on record to disbelieve it, and a registered Will cannot be doubted unless the contrary is shown. The mother, as the wife of the original karta, had a definite share as a Class I heir under Section 8 of the Hindu Succession Act, 1956, and that share passed to the youngest son under the Will. The Court noted that under Section 52 of the Transfer of Property Act, 1882, a person who takes a transfer while a suit is pending is bound by its result, but acquires the right if the person who made the transfer had a valid and vested right when doing so.

Schedule B: The Court extracted the eldest son's cross-examination. He admitted that the joint family continued until the suit was filed, that his father died as a member of the joint family, that the father and the two brothers decided together to buy the land from the vendor, and that the price for one of the purchases was paid by the father in the presence of the Sub-Registrar, although he added that he had given his father the money just before they entered the Sub-Registrar's office. He also said that the family members signed the bank loan application together and that he had no objection to dividing the Schedule B land. Relying on Shrinivas Krishna Rao Kango, the only precedent the Court expressly relied on, the Court held that once the plaintiffs show a joint family nucleus on the date of the suit, the burden is on the member claiming self-acquisition to show how the property was acquired and from what resources. No evidence of self-earning was produced, and the cross-examination in fact pointed to joint family funds. Property bought in the name of one legal heir therefore falls into the common pool.

Order: The Court found no substantial ground to interfere with the trial court's well-reasoned findings. The appeal suit was dismissed and the judgment and decree dated 1 December 1999 in O.S. No. 1 of 1994 were confirmed. There was no order as to costs, and pending miscellaneous petitions were closed.

Precedents referred to

Provisions referred to

Read the full judgment (PDF) ↗

Official source: High Court for the State of Telangana. The PDF above is a copy from an open dataset of the court's public records.

This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.

PropertyPartitionJoint FamilyWills

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