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Issues Involved:
1. Nature of the property (self-acquired vs. ancestral) 2. Validity of charitable endowment 3. Appropriation of property for charity 4. Management of family property 5. Evidence and burden of proof Detailed Analysis: 1. Nature of the Property (Self-Acquired vs. Ancestral) The judgment revolves around the classification of Gangi Reddi's property. It was asserted in multiple wills that the property was self-acquired, allowing him to dispose of it by will. However, it was ultimately decided that the property was ancestral family property, which he could not dispose of by will. This classification is crucial as it impacts the validity of the wills and the subsequent claims to the property. 2. Validity of Charitable Endowment The plaintiff disputed the validity of the charitable endowment mentioned in the will, while the first defendant supported it. The defense initially claimed the property was self-acquired but later argued that there had been a dedication to charity during Gangi Reddi's lifetime, with the plaintiff's father and other interested parties acquiescing to it. The Subordinate Judge upheld the dedication of Rs. 10,000 but not the usufructuary mortgage. The High Court, however, decided that both the Rs. 10,000 and the usufructuary mortgage were appropriated for the charitable endowment. 3. Appropriation of Property for Charity The judgment highlights that, under Hindu law, a dedication of family property for religious charity can be valid without a written instrument if assented to informally by other family members. However, such appropriation must be made inter vivos (during the lifetime) and not de futuro (by will). The Subordinate Judge found that the Rs. 10,000 dedication was valid but not the usufructuary mortgage. The High Court treated both as valid dedications. The final judgment concluded that there was no dedication of the Chegondapalli mortgage by any act inter vivos, aligning with the Subordinate Judge's view. 4. Management of Family Property The younger son, as per the will, was to manage the family property and did so until the suit was brought. The plaintiff claimed a half share of the entire family property and demanded a partition, alleging malversation by the first defendant. The Subordinate Judge's directions were mostly confirmed by the High Court, except for variations in the management of the charitable endowment, which was to be managed by both branches of the family in alternate years. 5. Evidence and Burden of Proof The evidence presented was meager, with significant reliance on entries in the family book of accounts and oral testimonies. The first defendant bore the burden of proving the endowment, offering documentary evidence, including three wills and a deposition by Gangi Reddi. The accounts and the clerk's testimony indicated that while some profits were used for the choultry, there was no consistent appropriation of the full net profits of the usufructuary mortgage to the charity. The accounts supported the plaintiff's case, showing no regular appropriation year by year of fixed sums to the charity. Conclusion: The appeal was allowed, and the judgment of the Subordinate Judge was restored. The decision concluded that there was no valid dedication of the Chegondapalli mortgage by any act inter vivos, thus aligning with the Subordinate Judge's original view. The detailed analysis of the accounts and evidence led to this conclusion, emphasizing the importance of clear appropriation and the necessity of inter vivos acts for valid charitable dedications under Hindu law.
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