V. Kalyanaswamy(D) By Lrs. & Anr. Vs L. Bakthavatsalam (D) By Lrs. & Ors. (Supreme Court of India)
In a significant judgment delivered on July 17, 2020, the Supreme Court of India brought to a close a protracted legal battle spanning over six decades concerning the partition of Hindu Joint Family property and the validity of a Will in the case of V. Kalyanaswamy (D) By Lrs. & Anr. Vs L. Bakthavatsalam(D) By Lrs. & Ors. The case, which originated in 1955, saw multiple rounds of litigation across variousMâcourts before finally being settled by the apex court. A subsequent review petition was also dismissed by the Supreme Court on September 8, 2021.
The dispute arose within a Hindu Joint Family, specifically between the descendants of two brothers, Lakshmiah Naidu and Rangaswami Naidu. The genesis of the conflict lay in a Will executed by Rangaswami Naidu on May 10, 1955, shortly before his death. Rangaswami Naidu, who had no issues with his wife R. Krishnammal, bequeathed his share in the joint family property and his self-acquired properties to his wife.
Following Rangaswami Naidu’s death, his widow, R. Krishnammal, initiated legal proceedings claiming title to the properties based on the Will. This led to a series of lawsuits and counter-suits, including proceedings under Section 145 of the Code of Criminal Procedure concerning possession of the properties.
