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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Meenakshi – Appellant
Versus
Vasanthi @ Vasantha Devi – Respondent
JUDGMENT :
P.B.BALAJI, J.
The defendants in a suit for partition are the appellants in this appeal suit.
2. Pleadings:
The plaint in brief:
(a) The suit properties were held in common by the sons of late Ramasamy Gounder, namely Palanisamy Gounder, Kumarasamy and Muthusamy. Subsequently, in and by a partition before the Panchayat on 17.02.1972, the properties have been divided and a deed has also been registered in Doc.No.266/1972. Schedule A was allotted to Palanisamy Gounder and B Schedule property was allotted to Muthusamy under the said partition deed and they have taken possession of their respective allotments and have in separate possession and enjoyment of the same.
(b) Palanisamy Gounder, in and by a registered power of attorney dated 05.12.2007, has appointed one K.Somasundaram as his duly constituted agent, pursuant to which, the said K.Somasundaram executed a sale deed on 06.02.2009 in favour of the 1st plaintiff for a consideration of Rs.3 lakhs. The 1st plaintiff has taken possession of A Schedule property and has been in absolute possession and enjoyment of the same ever since. Palanisamy Gounder died in the year 2014. His wife, the 1st defendant and the daughter, the 2nd
The court affirmed the validity of a power of attorney and subsequent sale of property, rejecting claims of ancestral rights that conflicted with established ownership documents.
The burden of proof lies on the Plaintiff to establish the properties as joint family property and the purchase of specific items from joint family income. The Plaintiff is bound by the acts of the 1....
Proof of an unregistered Will is sufficient if established by other means, while a power of attorney coupled with consideration survives the principal's death.
Properties claimed as self-acquired were determined to be ancestral; the appeal for partition was dismissed due to lack of joint possession evidence and non-joinder of necessary parties, also barred ....
The necessity to provide evidence of entitlement to ancestral property and the importance of including all relevant parties in a partition suit.
(1) Partition of property – It is not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations.(2) Power of Attorney – Ordinarily, a Power of Attorney is to be con....
The main legal point established is the application of Sec. 41 of the Transfer of Property Act, the exclusion of contrary evidence, and the principles of Hindu Law regarding co-parcenary property and....
A party is estopped from making claims contrary to prior admissions in legal notices, and a partition deed signed by the plaintiff is binding, rendering any claims of joint ownership barred by limita....
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