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SURAJ GOVINDARAJ
JADE GARDEN PLOT OWNER’S ASSOCIATION – Appellant
Versus
BHAGYALAKSHMI W/O LATE SHRI V. LASKHMANASWAMY – Respondent
JUDGMENT :
SURAJ GOVINDARAJ, J.
| TABLE OF CONTENTS | |
| (A) | BACKGROUND [Error! Bookmark not defined] |
| (B) | SUBMISSIONS OF PETITIONER COUNSEL |
| (C) | SUBMISSIONS OF RESPONDENT COUNSEL |
| (D) | SUBMISSIONS OF PETITIONER COUNSEL |
| (E) | POINTS FOR CONSIDERATION |
| (F) | Whether the suit filed in the year 2008 questioning the sale deed of the year 1995 was maintainable and was within the period of limitation requiring the Trial Court to excise powers under Rule 11 of Order 7 of the CPC to reject the plaint on the ground that it was barred by the law of limitation? |
| (G) | Whether the sale deed executed in pursuance of a General Power of Attorney, executed in pursuance of an agreement of sale in favour of Defendant No. 2, which could be said to be coupled with interest under Section 202 of the Contract Act, 1872, thereby making the sale deed of the year 1995 valid? |
| (H) | Whether a suit for partition filed in the year 2008 as regards the property which had been alienated by way of a regi |
A suit challenging a sale deed executed prior to 20.12.2004 is barred by limitation and cannot be maintained under the Hindu Succession Act, 1956.
A minor cannot seek partition of property post valid family partition among ancestors as it lacks legal foundation under Section 8 of the Hindu Succession Act.
Unregistered agreements do not confer rights in property; a valid title requires a registered sale deed under Section 54 of the Transfer of Property Act.
(1) Partition of property – It is not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations.(2) Power of Attorney – Ordinarily, a Power of Attorney is to be con....
Proof of an unregistered Will is sufficient if established by other means, while a power of attorney coupled with consideration survives the principal's death.
Only a registered sale deed conveys ownership; unregistered documents such as Agreements to Sell do not confer rights in property, making a suit based on them subject to rejection.
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The court affirmed daughters' coparcener rights under the Hindu Succession Act, emphasizing that prior sales cannot negate their claims to jointly inherited property.
The daughters of a coparcener have no locus to question alienation made prior to the Hindu Succession (Amendment) Act, 2005, and the court can reject a plaint if it is manifestly vexatious and withou....
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