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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Muthulakshmi (Died), W/o.Chandrasekar – Appellant
Versus
Murugan @ Murugesan, S/o. Periyasamy – Respondent
| Table of Content |
|---|
| 1. overview of appeals from partition decrees (Para 1 , 2 , 3) |
| 2. pleadings on adoption and property alienations (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. trial court findings on deeds and shares (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. arguments on sole adoption and deed validity (Para 20 , 21) |
| 5. both parties held adopted children by evidence (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. deeds valid to extent of hsa shares only (Para 30 , 31 , 32 , 33 , 34) |
| 7. unilateral gift revocation invalid; will non-est (Para 42 , 43 , 44 , 45 , 46 , 47) |
| 8. trial decree modified; co-owners no injunction (Para 48 , 49 , 50 , 51) |
JUDGMENT :
R. SAKTHIVEL, J.
1.Three Suits viz., O.S. No.85 of 2007, O.S. No.16 of 2010 and O.S. No.268 of 2015 were disposed of by the 'the II Additional District Court, Salem' ['Trial Court' for short] vide Separate Decrees and Common Judgment even dated April 27, 2023. Feeling aggrieved by the Common Judgment and Decree passed in O.S. No.85 of 2007, the second defendant therein (Muthulakshmi) has filed the Appeal Suit in A.S.No.2 of 2024 under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908' ['C.P.C.' for short] praying to set a
Under Hindu law both adopted children of a childless couple inherit equally with the surviving spouse; a gift settlement lacking a revocation clause cannot be cancelled unilaterally and binds only to....
Cancellation of Settlement-Deed – Settlor once executed settlement deed bequeathing his rights to any person, later he cannot have any right to cancel settlement deed on any ground unilaterally in a ....
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 valid adoption under the Hindu Adoptions and Maintenance Act cannot be cancelled, and a registered adoption deed carries a presumption of validity unless disproven. Additionally, the burden of proo....
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....
The cancellation of a gift settlement deed is invalid if the donor reserves no right to revoke it, and the burden of proving absence of undue influence lies on the beneficiary.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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