Back
R. SUBRAMANIAN, C. KUMARAPPAN
N. Karuppanna @ Karuppa Gounder – Appellant
Versus
C. Nacimuthu Gounder (Died) – Respondent
JUDGMENT :
[R. Subramanian, J.]
(PRAYER: First Appeal filed under Section 96 R/W Order 41 Rule 1 & 2 of the Code of Civil Procedure against the Judgment and decree dated 31.07.2018 made in O.S.No.1 of 2016 (O.S.No.04 of 2016 District Court, Erode) on the file of the Fourth Additional District Sessions Court, Erode District, Bhavani.)
The defendant in OS No.1 of 2016 on the file of the IV Additional District Court, Erode is on Appeal aggrieved by the judgment and decree made in the suit declaring that the Settlement Deed dated 29.08.2013 executed by the plaintiff in the said suit in favour of the defendant/appellant as invalid having been obtained by undue influence and fraud.
2. The parties will be referred to as per their ranks for the purpose of convenience.
3. The plaintiff is the father of the defendant. He had purchased the suit properties under Sale Deeds during the year 1971 and 1979. He had one son and 4 daughters. The son namely the defendant had been in Government service and retired in the year 2012. The wife of the plaintiff Valliammal died on 14.07.2013. Thereafter, the plaintiff executed a settlement deed on 29.08.2013 in favour of the defendant, who is his only son. Soon
The presumption of validity for registered documents under the Registration Act stands unless substantial evidence is provided to prove otherwise.
The court affirmed the requirement for suits to disclose genuine causes of action, rejecting cases that are manifestly vexatious or rely on clever drafting to circumvent established legal limitations....
(1) Appeal lies to Registrar against order of Sub-Registrar refusing to admit a document to registration, except where refusal is made on the ground of a denial of execution.(2) Execution of a docume....
The burden of proof regarding allegations of fraud or misrepresentation in a settlement deed lies with the alleging party, and the deed remains valid if not proven otherwise.
A plaint is subject to rejection if it fails to disclose a legitimate cause of action or is manifestly vexatious, especially when fraudulent claims are evident.
The essence of undue influence requires clear evidence of coercive circumstances affecting the validity of legal documents, which was upheld in this case.
The validity of a registered sale deed is presumed unless strong evidence of fraud or intoxication is presented, and claims of limitation must be substantiated.
Registered settlement deed proved under Evidence Act Section 68 proviso absent specific denial of execution; certified copy admissible if original lost; partition suit barred without cancelling 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
