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M. A. ABDUL HAKHIM
JAYAPRASAD B. (DIED) S/O LATE B. RAMADAS – Appellant
Versus
VAISALINI (DIED) W/O LATE B. RAMADAS – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. The plaintiff in O.S. No. 356/2009 is the appellant. The plaintiff filed the suit for partition of plaint A Schedule Property into five equal shares and for allotment of 1/5 share to the plaintiff. According to the plaintiff, the plaint A schedule property belonged to his father Ramdas and on the death of Ramdas in the year 1990, the plaint schedule property devolved upon the first defendant wife and the plaintiff & defendants 2 to 4 who are his children. The plaint schedule property is 3.02 Acres of land comprised in Re. Sy. No. 258/3 of Paddy Village in Kasaragod Taluk.
2. In the Written Statement filed by the 1st defendant, the 1st defendant contended that she sold the Plaint A schedule property. Thereupon the plaintiff impleaded the defendants 5 to 9 in the suit. The 5th defendant is the buyer of the Plaint A Schedule Property in Ext.B7 Sale Deed dated 19/07/1993 executed by the 1st defendant for herself, for the plaintiff and the defendants 2 & 3 as their Power of Attorney holder and for the 4th defendant as her guardian on account of her minority. The defendants 6 to 9 are the assignees from the 5th defendant as per Exts.B1, B2, B3 & B6. The p
Ratification of a void transaction cannot be inferred from mere silence; Power of Attorney must be strictly construed.
The presumption of validity of a registered sale deed cannot be dismissed without compelling evidence to substantiate claims of fraud and incapacity.
Point of law : non-delivery of possession by the plaintiff to the defendant does not by itself or other facts cumulatively pointed out by the plaintiff, would lead to the conclusion that the transact....
The stipulations in a settlement deed do not confer absolute rights to a transferee, rendering subsequent sale deeds void if executed without such rights.
Documents executed under familial trust must meet legal standards of consent to avoid being deemed void; misrepresentation necessitates formal cancellation procedures.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
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.
An unregistered partition deed is inadmissible and requires registration to be binding, emphasizing the need for substantiation of partition claims.
(1) Revocation of agency – In absence of a particular mode suggested for revocation of authority of an agent, manner adopted by principal to revoke authority of agent must be one which clearly and un....
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