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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
P. Ganesan (died) – Appellant
Versus
P.Chinnu, S/o.Late Palani Gounder – Respondent
JUDGMNET
G.JAYACHANDRAN, J.
1. The Appeal Suit is filed by the plaintiffs, who lost their suit filed for partition and declaration.
2. For the sake of convenience, the parties are referred as per their status and ranking in the plaint.
3. The case of the plaintiffs: -
Palani Gounder and his wife Pachiammal, had seven children. During his lifetime, Palani Gounder purchased the suit properties morefully described under Schedule 1 (two items) and Schedule 2 (one item). Palani Gounder died intestate on 24.05.1999. The suit properties are enjoyed by the plaintiffs 1 to 6 along with first defendant and the mother jointly. Due to continuous monsoon failure for years together, the properties remained without proper care and income. Therefore, the first defendant suggested to sell the property jointly. Accepting his suggestion to sell part of the agricultural lands in the Schedule 1 and 2, a registered General Power of Attorney to the second defendant was given on 22/06/2006 to fetch buyers and sell the property. Promising to adjust with the future sale consideration, a small amount was given to the plaintiffs by the first defendant, after obtaining their signatures. However, the Power Agent/T.R
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.
The validity of a power of attorney post-principal's death remains contingent on whether it is coupled with interest, impacting the necessity of parties in litigation.
A power of attorney that is not coupled with interest ceases to be valid upon the death of the principal, and any sale deeds executed after the principal's death are invalid unless the validity of th....
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 survival of a General Power of Attorney after the death of one Principal depends on the intentions of the parties and the specific terms of the power, not automatic termination.
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....
(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....
A suit challenging a sale deed executed prior to 20.12.2004 is barred by limitation and cannot be maintained under the Hindu Succession Act, 1956.
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