Back
R. SAKTHIVEL
Palaniammal – Appellant
Versus
Thasi @ Sukkadan – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated January 27, 2021 passed in A.S.No.15 of 2019 on the file of the Subordinate Court, Paramathi reversing the Judgment and Decree dated March 21, 2019 made in O.S.No.99 of 2012 on the file of the District Munsif Court, Paramathi.
This Second Appeal is directed against the Judgment and Decree dated January 27, 2021 passed in A.S.No.15 of 2019 by the 'Subordinate Court, Paramathi' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated March 21, 2019 passed in O.S.No.99 of 2012 by the 'District Munsif Court, Paramathi' [henceforth 'Trial Court'] was reversed.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
PLAINTIFFS' CASE:
3. The 1st and 2nd plaintiffs are the wife and the daughter of 1st defendant respectively. The 2nd defendant is the daughter of one Karuppayee, with whom the 1st defendant was in a relationship with, however 2nd defendant was not born to 1st defendant. The Suit Property is separate property of the 1st defendant. On September 7, 1983, the 1s
A Settlement Deed executed with irrevocable terms cannot be unilaterally cancelled, and its interpretation must consider the entire document and the parties' intentions.
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....
Cancellation of Settlement-Deed – Settlor once executed settlement deed bequeathing his rights to any person, later he cannot have any right to cancel settlement deed on any ground unilaterally in a ....
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.
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 legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
