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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Ravikumar Rai, S/o. Rajeevi – Appellant
Versus
Jayanthi Rai, D/o. Late Doomanna Rai – Respondent
JUDGMENT :
(EASWARAN S., J.)
The appeal is preferred by the plaintiffs in O.S. No.278/2017 on the files of the Munsiff’s Court, Kasaragod. According to the plaintiffs, the plaint A schedule property originally belonged to Deyyakku. Thereafter, her right devolved upon the plaintiffs and the 7th defendant. On 25.8.2017, the plaintiffs came to know that Doomanna Rai, father of defendants 1 to 6, fraudulently executed settlement deed No.260/2001 dated 24.1.2001 of SRO, Badiadka. It is the specific case of the plaintiffs that Doomanna Rai has no right over the plaint A schedule property and, therefore, the settlement deed is not genuine and is liable to be set aside. The plaintiffs sent a registered notice on 22.8.2017 calling the defendants to effect partition of the A schedule property, which was refused by the defendants and hence, the suit was filed. The defendants appeared and contested the suit, pointing out that their predecessor in interest, namely Doomanna Rai, was in absolute ownership and possession of the suit property. Pattas were issued in his name and later, a settlement deed was executed in favour of the defendants 1 to 6. The plaintiffs themselves knew about the said sett
The plaintiffs failed to establish their right, title, or interest over the property, leading to the dismissal of their partition suit.
The appellate court must ensure proper proof of a Will and establish the identity of property before decreeing a partition; failure to do so necessitates remand to the trial court.
A settlement deed executed without authority by a deceased father, having only limited rights over property, is null and void, confirming equal shares for all heirs under the Hindu Succession Act.
Fraud must be specifically pleaded and proven to invalidate registered documents in partition disputes, and unsupported allegations do not suffice to reopen partitions.
The validity of a family partition deed is upheld unless proven otherwise, and the burden of proof lies on the party challenging its authenticity.
In property disputes, properties obtained through partition are considered self-acquired, affirming the right of absolute ownership and the validity of subsequent transfers unless proven otherwise.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
A family settlement prevents heirs from claiming rights by inheritance if they were part of the original settlement, establishing exclusive possession by one party.
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