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N. ANAND VENKATESH
Lakshmi Ammal (Died) – Appellant
Versus
Ammayi Ammal (Died) – Respondent
JUDGMENT
(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree in A.S.No.38 of 2008 on the file of the II Additional Sub Court, Villupuram, dated 31.01.2012 in reversing the well considered judgement in O.S.No.52 of 2003 on the file of the Principal District Munsif Court, Villupuram, dated 12.12.2005.)
1. The plaintiff is the appellant in this Second Appeal.
2. The case of the plaintiff is that the suit properties originally belonged to one Kuppusamy Chettiar. He died intestate and his properties were inherited by his sons. They divided the property among themselves through a partition deed dated 27.10.1949. The suit properties and certain other properties were allotted to the share of Perumal Chettiar, who is the father of the plaintiff. Thereby, he became the absolute owner of the suit properties.
3. The said Perumal Chettiar, through a settlement deed dated 28.9.1970, marked as Ex.A1, settled the properties in favour of the plaintiff and her sisters Govindammal, Dhanam Ammal and Bhangaru Ammal. The other three sisters were minors at the relevant point of time and the plaintiff was appointed as the guardian for her three sisters
The legal principle of approbate and reprobate was established, emphasizing that a person cannot both accept and reject the same instrument.
(1) Settlement deed/Will – Whether a document is a Settlement Deed or Will, Court has to examine the document as a whole and to look into substance thereof and also to know intention of parties – For....
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
A settlement deed can create vested rights in the recipient, which cannot be revoked if the settlor has divested themselves of the right to do so.
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 validity of a family partition deed is upheld unless proven otherwise, and the burden of proof lies on the party challenging its authenticity.
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