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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
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 2019 has been filed to stay all further proceedings pursuant to the preliminary Decree dated 17.09.2019 passed in O.S.No.6042 of 2015, on the file of the XVI Additional City Civil Court, Chennai, pending disposal of A.S.No.943 of 2019
5. C.M.P.No.5074 of 2023 has been filed to grant an order of Ad.interim injunction restraining the Respondent and his agents, from alienating or encumbering or in any manner dealing with the Suit property, namely the property consisting 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....
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....
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....
Settlement deeds executed without valid ownership rights are invalid and cannot confer any title, rendering subsequent deeds likewise unenforceable.
(1) Partition Suit – A Person who does not have a share in such property cannot be a party to a suit for partition.(2) Nomenclature of document, whether it was a sale deed or family settlement deed o....
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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