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Showing contexts for: introducing documents in Addagada Raghavamma And Anr vs Addagada Chenchamma And Anr on 9 April, 1963Matching Fragments
Even so, learned Advocate-General contends that we should hold on the evidence that there was a division in status between Chimpirayya and the other member of the joint Hindu family i. e.. Subbarao, before Chimpirayya executed the will, or at any rate on the date when he executed it. It is settled law that a member of a joint Hindu family can bring about his separation in status by a definite and unequivocal declaration of his intention to separate himself from the family and enjoy his share in severality. Omitting the will, the earlier documents filed in the case do not disclose any such clear intention. We have already held that there was no partition between Chimpirayya and Pitchayya. The register of changes on which reliance is placed does not indicate any such intention. The statement of Chimpirayya that his younger brother's son is a sharer in some lands and, therefore, his name should be included in the register, does not ex facie or by necessary implication indicate his unambiguous declaration to get divided in status from him. The conflicting descriptions in various documents introduce ambiguity rather than clarity in the matter of any such declaration of intention. Be it as it may, we cannot therefore hold that there is any such clear and unambiguous declaration of intention made by Chimpirayya to divide himself from Venkayya.