Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
C.P. Asokan @ C.P. Ashok – Appellant
Versus
Hema Malini – Respondent
| Table of Content |
|---|
| 1. factual background of the case and parties involved. (Para 1) |
| 2. arguments presented by both parties regarding the validity of the partition deed. (Para 4 , 5) |
| 3. court’s observations on the evidence and claims made by both parties. (Para 6 , 7 , 8 , 9 , 10) |
| 4. ratio decidendi regarding burden of proof in fiduciary relationships. (Para 11 , 12 , 13) |
| 5. final conclusion on the appeal and setting aside of the lower court's judgment. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
P.B.BALAJI, J.
Challenging the decree in O.S. No.3223 of 2018, on the file of the XXIII Additionall City Civil Court, Chennai, are the appellants.
2. I have heard Mr.V.Manohar, learned counsel for the appellants and Mr.S.Mukunth, learned Senior Counsel for Mr.D.Ferdinand, learned counsel for M/s.BFS Legal for the respondents.
3. PLEADINGS:-
(a) Plaint in brief:-
The defendants 1 to 3 are nephews of the plaintiff, being her elder brother’s sons. The 4th defendant is the plaintiff’s deceased nephew’s son. The suit has been filed for partition and separate possession of the suit property. The defendants 1 to 3 conspired amongst themselves, taking advantage of the plaintiff’s illiteracy and obtained the plaintiff’s
The court held that allegations of fraud and misrepresentation regarding the partition and release deeds were unsubstantiated, reaffirming that the burden lies on the claimant to prove such claims, w....
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....
The main legal point established in the judgment is that allegations of fraud, coercion, and undue influence require strict proof of facts, and the mere existence of unequal shares does not lead to a....
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.
Rule 73 of Rules reads as duties of Registering Officer.
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.
The court upheld the validity of the partition deed, ruling the plaintiffs' belated challenge was barred by limitation and emphasizing that prior acceptance of the deed by their father precluded the ....
The court emphasized the necessity of attesting witnesses for will validity and clarified suppression of facts must show intent to deceive to affect the decree's integrity.
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
