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G. CHANDRASEKHARAN
S. Pushpavathi (deceased) – Appellant
Versus
K. Jamuna – Respondent
JUDGMENT :
PRAYER in T.O.S.No.24 of 2003:- The deceased first plaintiff, as the petitioner, has filed a Original Petition in O.P.No.326 of 2000 under Order XXV Rule 5 of Original Side Rules read with Sections 232 and 276 of the Indian Succession Act 1925, for the grant of Letters of Administration with the last Will and Testament of the deceased Sakunthala Ammal, having effect throughout the State of Tamil Nadu. In this O.P., Letters of Administration was also granted on 10.08.2000. Later, as per the order of this Court dated 20.02.2003 made in Application No.670 of 2003, Letters of Administration granted on 10.08.2000 in O.P.No.326 of 2000 was revoked and the Original Petition was ordered to be converted into Testamentary Original Suit and numbered as T.O.S.No.24 of 2003.
PRAYER in Tr.C.S.No.91 of 2004:- This is a suit filed under Order VII Rule 1 of C.P.C.,
a) for partition and separate possession of 2/3rd share of plaintiffs, i.e, 1/3rd share of the 1st plaintiff and 1/3rd share of the second to fifth plaintiffs together, in the schedule mentioned property and for future mesne profits, the plaintiffs value the suit;
b) for 2/3rd share of yearly mesne profits of Rs.60,000/- from the
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The central legal point established in the judgment is the significance of the intention of the settlor and the transfer of interest in determining the nature and validity of a settlement deed.
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 revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
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