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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
R. Damodaran – Appellant
Versus
R. Dorairaj (Deceased) – Respondent
| Table of Content |
|---|
| 1. challenging trial court's decree. (Para 1 , 2) |
| 2. ownership and familial relationships. (Para 3 , 4) |
| 3. defendant's contestation over the release deed. (Para 5 , 6) |
| 4. trial court's framed issues for hearing. (Para 7 , 8) |
| 5. plaintiffs' evidence leading to favorable decree. (Para 9 , 10) |
| 6. arguments presented by both parties. (Para 11 , 12) |
| 7. points arising for consideration. (Para 13 , 14) |
| 8. validity of release deed affirmed. (Para 15 , 16) |
| 9. conclusion and dismissal of appeal. (Para 17) |
JUDGMENT :
N. SATHISH KUMAR, J.
1. Challenging the judgment and decree passed by the learned I Additional Judge, City Civil Court, Chennai, in O.S.No.6533 of 2019, dated 28.04.2025, granting preliminary decree of 2/3rd share to the plaintiffs, the unsuccessful defendant has filed the above Appeal.
2. For the sake of convenience, the parties will be referred to as per their rank before the trial Court.
3. The 1st plaintiff and the defendant are brothers. They are the sons of one Ranganatha Mudaliar. The suit properties were originally owned by the said Ranganatha Mudaliar. The said Ranganatha Mudaliar died intestate on 04.04.1979 leaving behind his (i) wife Swarnabai Ammal, (ii) the plain
The court upheld the validity of a release deed based on evidence of mental capacity at execution, dismissing challenges to its authenticity due to the deceased's health conditions.
The court affirmed the validity of a Release Deed executed by a legal heir, emphasizing the burden of proof lies on the party disputing its execution.
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
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.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The validity of a release deed executed 37 years prior cannot be challenged based on fraud allegations that lack credible evidence, and claims for partition are barred by limitation.
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