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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
K. Mani – Appellant
Versus
A. Ragini – Respondent
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
1. The Second Appeal is directed against the decree and judgment dated 18.08.2022 passed in A.S. No.109 of 2020, on the file of the XV Additional Judge, City Civil Court, Chennai, reversing the Judgment and decree dated 13.12.2019 passed in O.S. No.3487 of 2014, on the file of the V Assistant Judge, City Civil Court, Chennai.
2. The appellants are the defendants 1 and 4 in O.S. No.3487/2014 on the file of the V Assistant Judge, City Civil Court, Chennai.
3. The 1st respondent as plaintiff filed the above suit in O.S. No.3487/2014 for the following reliefs:
a) to declare that the cancellation of settlement deed dated 17.12.1990 bearing document No.2040/1990 and registered on 19.12.1990 at SRO, Royapuram, alleged to have been executed by deceased R. Kannappa Naicker as null and void and not binding on the plaintiff.
b) To declare that the settlement deed dated 27.12.1991 bearing Doc No.2541/1991 at SRO, Royapuram, alleged to have been executed by deceased R.Kannappa Naicker in favour of the 1st and 4th defendant as null and void and not binding on the plaintiff.
c) To declare that the legal heir certificate bearing serial No.1086/92 and D.Dis.A6/262
The court reaffirmed that personal laws govern inheritance claims despite statutory provisions; fraudulent documents invalidate subsequent property claims.
Legal heirs of an original allottee are co-owners of the property, and a Sale Deed in favor of one heir does not confer exclusive title over the property.
The main legal point established in the judgment is that a deed of conveyance shall not be cancelled without putting the person on notice, and the court considered the impact of the cancellation deed....
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
Compulsory registration as adumbrated under Section 17(1)(b) of the Registration Act, failing which, the claimants/appellants have to face mischief consequences of Section 49 of the Registration Act
The main legal point established in the judgment is the requirement for claimants to provide sufficient and relevant evidence to prove their absolute possession of a property, and the enforceability ....
Once a gift deed is accepted and acted upon, it cannot be unilaterally cancelled, and subsequent transactions based on such cancellation are not legally sustainable.
Failure to challenge a settlement deed within the limitation period extinguishes rights to claim co-ownership, and prior consent can estop parties from succeeding in partition claims.
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