Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR
J. Thirupurasundari (Died) – Appellant
Versus
Tmt. Meenakshi (Died) – Respondent
| Table of Content |
|---|
| 1. ancestral property and lineage (Para 2 , 3 , 4) |
| 2. claims and definitions of coparcenary (Para 5 , 6 , 7 , 8) |
| 3. challenging release deed validity (Para 21 , 22 , 23 , 24 , 25) |
| 4. validity of documents and co-parcenary rights (Para 35 , 36) |
| 5. appeal dismissal and confirmation of lower court ruling (Para 56) |
JUDGMENT :
R. VIJAYAKUMAR, J.
1. These two first appeals have been preferred by the third defendant and the plaintiffs respectively in O.S.No.38 of 2013 on the file of the Principal District Court, Ramanathapuram challenging the dismissal of a partition suit.
(A) Pleading of the parties before the trial Court are as follows:
2. According to the plaint averments, the suit schedule properties are the ancestral properties of one Appavu Pillai. The said Appavu Pillai had died leaving behind his three sons namely Jeganathan Pillai, Mari @ K.A.Meenakshi Sundaram Pillai and Subramaniam. All three of them entered into a partition on 14.03.1958 in which the suit schedule properties were allotted to the share of Mari @ K.A.Meenakshi Sundaram Pillai.
3. It is further contended in the plaint that Mari @ K.A.Meenakshi Sundaram Pillai had three wives. His first wife is Padmavathi an
A registered release deed executed prior to the Hindu Succession Amendment Act 2005 nullifies daughters' co-parcenery claims, as no co-parcenery existed at the time of the amendment.
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
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....
Point of Law;Suit for partition – Will deed - Court has to be extra cautious in respect of the Wills, the execution of which is surrounded by suspicious circumstances, the Court is required to determ....
The property in question ceased to be ancestral due to prior Release Deeds; plaintiffs failed to prove their claim for partition and their action was barred by limitation.
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.
Point of law: There is no dispute that even under Ex.A-4, the plaintiff who was a minor at the relevant time, was made eo nomine party. In such a circumstance, as rightly contended, he has to pray fo....
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 court upheld the validity of an undated Will which excluded the plaintiff from the property, ruling that her delay and knowledge of the Will barred her claim to partition.
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
