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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Mahalakshmi (Died) LRs of deceased – Appellant
Versus
Rajeswari – Respondent
JUDGMENT :
P.B. Balaji, J.
The plaintiffs, in O.S.No.2 6 of 2017 on the file of the District Munsif cum judicial Magistrate No.I, Sattur, are the appellants herein, aggrieved by the dismissal of the suit by the trial Court as well as the first appellate Court.
2. The second appeal was admitted by me on 05.03.2026 on the following substantial questions of law:
(i) Whether the Lower Appellate Court erred in law by reversing the well-reasoned judgment of the Trial court without properly appreciating the legal burden of proof upon the Defendant to disprove the Plaintiff's consistent and specific allegations of fraud and misrepresentation in the execution of the Settlement deed dated 16.07.2007?
(ii) Whether the Lower Appellate Court misapplied presumption under Section 123 of the Transfer of Property Act, 1882 and failed to consider that mere registration of a Settlement deed does not preclude a finding of fraud or misrepresentation, especially when the donative intent and voluntary execution are seriously disputed?
(iii) Whether the Appellate Court committed an error in law by ignoring documentary evidence such as patta, tax, and electricity receipts (Exs.A5 to A10) which are admissible und
A settlement deed executed and registered holds presumptive validity unless proven contrary; properties held in the name of a female are presumed self-acquired unless evidence suggests otherwise.
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
(1) Settlement deed/Will – Whether a document is a Settlement Deed or Will, Court has to examine the document as a whole and to look into substance thereof and also to know intention of parties – For....
The burden of proof lies on the party claiming a settlement deed's validity to demonstrate it was executed voluntarily and without undue influence.
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.
Point of Law : In the case of a void document, a party assailing such a document need not seek its cancellation or a declaration that the said document is not binding on the said party. Such a situat....
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