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M. A. ABDUL HAKHIM
Sherly D'Souza, W/o. Denzil D'Souza – Appellant
Versus
Marie Celine D'Souza, D/o. Late Duncan Fernandez – Respondent
JUDGMENT :
M.A. Abdul Hakhim, J.
1. Appellant is the sole defendant, and the respondents are the plaintiffs in O.S.NO.760/2011 filed before the Munsiff’s Court, Kollam, on 27/10/2011 for partition and incidental reliefs. The parties are siblings. The plaintiffs, who are three in number, filed the suit for partition of the plaint schedule property having 48 cents belonged to the father of the plaintiffs and the defendant, Late Sri. Duncan Fernandez as per Ext.A1 Release Deed of the year 1981, among the plaintiffs and the defendant by allotting 24/150 shares each to the Plaintiffs 1 and 2 and 51/150 shares each to the 3rd plaintiff and the defendant.
2. Sri. Duncan Fernandez died on 05/02/1989. His wife Smt. Annabel Fernandez, who is the mother of the plaintiffs and the defendant, died on 30/11/2004. Apart from the plaintiffs and the defendants, Sri. Duncan Fernandez and Smt. Annabel Fernandez had another son Sri. Wilfred Fernandez who had died on 28/06/1996. On the death of Duncan Fernandez, Annabel Fernandez was entitled to get 50/150 share and each of the 5 children was entitled to get 20/150 share over the property of Duncan Fernandez. On the death of Gilfred Fernadez, Annabel Ferna
A partition suit must challenge any obstructive settlement deeds, and the absence of specific pleadings regarding their validity can undermine the plaintiffs' claims.
Rule 73 of Rules reads as duties of Registering Officer.
Oral partitions, while valid, must be substantiated by evidence, and unregistered documents regarding such partitions are inadmissible in court; res judicata applies to suits dismissed for default wi....
Point of law: There is no dispute that even under Ex.A-4, the plaintiff who was a minor at the relevant time, was made eo nomine party. In such a circumstance, as rightly contended, he has to pray fo....
Estoppel applies when an expectant heir accepts consideration for relinquishing rights, preventing future claims, while lack of participation in prior deeds allows for subsequent claims.
The main legal point established is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
The court can conduct an inquiry into the unsoundness of mind of a party to a suit before or during the pendency of the suit, as per Order 32, Rule 15 CPC.
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