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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT.TEEKAA RAMAN
D.Mangayarkarasi (died) – Appellant
Versus
M.Rajeswari Ammal (deceased) – Respondent
| Table of Content |
|---|
| 1. identification of the parties involved in the suit. (Para 1 , 2) |
| 2. evidence presented in support of claims. (Para 4 , 5 , 12) |
| 3. background on the parties post original suit. (Para 6 , 7 , 8 , 9) |
| 4. challenges and defense strategies concerning the release deed. (Para 10 , 11) |
| 5. court's assessment of the evidence presented. (Para 13 , 14 , 15) |
| 6. nature and title assessment of the contested properties. (Para 17 , 18 , 19) |
| 7. analysis of legal documentation and transfer of property. (Para 22) |
JUDGMENT :
RMT. TEEKAA RAMAN, J.
The plaintiff in O.S.No.11907 of 2019, on the file of the III Additional City Civil Court, Chennai, is the appellant herein.
2. For the sake of convenience, the parties are referred as per their litigative status before the Trial Court.
3(a). The plaintiff had originally filed a suit for partition and separate possession of her 1/5 share of the suit schedule properties by metes and bounds and for other ancillary relief, on the original side of this Court in C.S.No.695 of 2003.
3(b). The defendants filed their written statement, wherein a defence was set opposing the claim of the plaintiff by inter alia contending that the plaintiff got married to Deivasi
The validity of a release deed executed 37 years prior cannot be challenged based on fraud allegations that lack credible evidence, and claims for partition are barred by limitation.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The court affirmed the validity of a Release Deed executed by a legal heir, emphasizing the burden of proof lies on the party disputing its execution.
A partition suit cannot be maintained without seeking cancellation of a registered release deed; an unchallenged release deed is valid and binding on all parties.
The court reaffirmed that claims regarding a release deed are barred by limitation if the parties were consenting witnesses and did not promptly raise allegations of misrepresentation or fraud.
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
The court emphasized the necessity of proving a Will through independent witnesses and upheld the validity of a release deed executed by the plaintiff, leading to the dismissal of her claims.
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