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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
L.Ayyammal – Appellant
Versus
E.Muthammal – Respondent
JUDGMENT
Challenging the decree and judgment of the Trial Court dismissing the suit for partition, the present suit has been filed.
2. For the sake of convenience, the parties are referred to as per their own ranking before the Trial Court.
3. The plaintiff is the daughter of the first defendant, 2 to 4 and 6th defendants are sisters of the plaintiff and the 5th defendant is the brother of the plaintiff.
4. It is the case of the plaintiff that the property was originally purchased by the first defendant/plaintiff's father on 03.06.1959 and he was in possession of the property and constructed 10 houses as well as two shops. At the time of construction of houses, all the defendants supported the first defendant physically and emotionally. The fifth defendant though being the son had not helped the first defendant in putting up the construction. The first defendant had sold more than 50% of the property and settled the debts of the family. Further, in the year 2006, the 5th defendant took the first defendant to Registrar Office and obtained sale deed in his name. The sale deed was obtained by fraud making the first defendant to believe that only he is going to avail loan facility from the
A suit for annulment of a sale deed is barred by limitation if not filed within three years, and claims of fraud must be substantiated with evidence.
It is well settled that plea of fraud, forgery, impersonation in respect of certain transactions which are put in question will go to root of matter and if such plea is proved, any transactions made ....
The validity of a sale deed in the context of family necessity and the application of limitation periods under the Limitation Act, 1963.
The sale deed executed during the appellants' minority is valid as the appellants failed to challenge it within the limitation period; ownership claims of joint family properties must be robustly evi....
Result: Appeal rejected.
Co-owner not party to sale deed need not cancel it to claim partition of undivided share in joint family property.
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