Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT.TEEKAA RAMAN
O.P.Sivakumar S/o.Late O.D.Premraj – Appellant
Versus
O.P.Bhaanumathee D/o.Late O.D.Premraj – Respondent
| Table of Content |
|---|
| 1. factual background of litigation. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. history of litigation between family members. (Para 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis of ownership rights. (Para 14 , 15 , 16 , 22 , 24) |
| 4. implications of executing the sale deed. (Para 18 , 19 , 21) |
| 5. settlement deed and its binding nature. (Para 29 , 30 , 31 , 32 , 42) |
| 6. limitations of presenting claims. (Para 44 , 45) |
| 7. final conclusions on litigations. (Para 49 , 50 , 54) |
JUDGMENT :
RMT. TEEKAA RAMAN, J.
1. A.S.No.943 of 2019 and A.S.No.126 of 2023 have been filed against the Decree and Judgment dated 17.09.2019 passed in O.S.No.6042 of 2015, on the file of the XVI Additional Judge, City Civil Court, Chennai, by the Defendant & Plaintiff respectively.
2. S.A.No.37 of 2018 has been filed against the Judgment and Decree dated 20.09.2017 passed by the learned XIX Additional Judge, City Civil Court, Chennai in A.S.No.227 of 2016.
3 .C.M.P.No.647 of 2018 has been filed to grant interim stay of operation of the Judgment and Decree dated 20.09.2017 passed in A.S.No.227 of 2016, on the file of the XIX Additional City Civil Court, Chennai, pending disposal of the Second Appeal.
4. C.M.P.No.27155 of
Failure to challenge a settlement deed within the limitation period extinguishes rights to claim co-ownership, and prior consent can estop parties from succeeding in partition claims.
The validity and binding nature of the settlement deed, the requirement of proof of execution under Section 68 of the Indian Evidence Act, and the applicability of the Hindu Succession Act were centr....
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
The main legal point established in the judgment is that the property was purchased with the income of the father, and the settlement deeds were obtained through fraud and coercion, leading to the en....
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....
A registered settlement deed has statutory presumption of validity, and the burden to prove it invalid rests on the plaintiffs, which they failed to do, thereby affirming the deed and dismissing the ....
In partition suits, valid claims cannot be established without challenging associated settlement and sale deeds; failure to address these undermines the entitlement to partition.
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.
Point of Law : In the case of a void document, a party assailing such a document need not seek its cancellation or a declaration that the said document is not binding on the said party. Such a situat....
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
