The validity of unregistered documents claiming property rights is negated under the Hindu Succession Act, emphasizing that all heirs retain ownership until properly executed agreements acknowledge inheritance.

JUDGMENT :

T.V.THAMILSELVI, J.

The appellants have filed these appeals prays to set aside the Judgment and Decree dated 27-08-2021 made in A.S.Nos.40 of 2020 & 39 of 2020, respectively, on the file of the IV Additional District and Sessions Court, Coimbatore modifying the Judgment and Decree dated 30-06-2020 made in O.S.No.123/2017 on the file of Subordinate Court, Mettupalayam.

2. For the sake of convenience, the parties herein are referred to as they are ranked in the suit.

3.The brief facts of the case as follows: The plaintiff is one of the daughters of late G. Perumalsamy Gowder, who died intestate on 28.07.2004, leaving behind his wife Senthil Mathammal (1st defendant), one son Rajagopalan (2nd defendant), three daughters including the plaintiff, Indirani and Seela (9th defendant), and the husband and two children of his predeceased daughter, arrayed as defendants 5 to 7. Late Perumalsamy Gowder left behind valuable ancestral and self-acquired properties situated in S.Nos.262/1, 263/1, 270/1, 270/4, 870/A, 870/25, 35/1, 36/2, 37/1 and 10/2 of Cikkadampalayam Village. The properties originally belonged to the plaintiff’s grandfather Govindasamy Gowder under a Partition Deed dated 06.11.1920, under which he obtained an extent of Ac.8.05 cents along with 1/6th share in a common well. During his lifetime, portions were sold and the remaining extents form Items 2 to 5 of the suit properties. Item-1 was acquired by Govindasamy Gowder independently. After his death, his sons Perumalsamy and Krishnasamy succeeded to the estate and enjoyed the properties separately for convenience. After the death of Krishnasamy, his wife Attakkal and daughter Subbulakshmi orally partitioned the properties with Perumalsamy, followed by mutation of revenue records pursuant to survey sub-division proceedings dated 06.11.2003. Perumalsamy Gowder, who was employed as a Lineman in the Electricity Board, had strained relations with his son, the 2nd defendant, who had been living separately for more than 15 years prior to Perumalsamy’s death and consistently compelled the plaintiff and her sisters to execute a release deed. During the end of 2003, Perumalsamy suffered from paralytic stroke and was not in a sound disposing state of mind until his death on 28.07.2004. After his demise, the plaintiff issued legal notices and objected to revenue mutations, but the defendants failed to cooperate for an amicable partition and instead acted collusively by creating alleged family arrangement and settlement deeds. Several litigations followed, including O.S.Nos.39 of 2005, 21 of 2006 and 59 of 2006, which culminated in a compromise decree dated 14.09.2007, rendering the alleged relinquishment and subsequent settlement deeds invalid and not binding on the plaintiff. During the pendency of the suit, the 1st defendant died in January 2011, leaving the plaintiff and defendants 2 and 5 to 9 as her legal heirs, thereby entitling the plaintiff to 1/5th share in the suit properties. Hence, the suit has been amended accordingly and filed for partition and consequential reliefs.

4. The learned counsel for the defendants 2 to 4 contended that the suit is false, frivolous, vexatious and unsustainable in law and on facts. While it is admitted that the plaintiff is one of the daughters of late Perumalsamy Gowder, who died on 28.07.2004 leaving behind his wife Mathammal, this defendant, the plaintiff, defendants 8 and 9 and the legal heirs of predeceased daughter Kannammal (defendants 5 to 7), it is emphati