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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
Krishnaveni W/o. Kumaresan – Appellant
Versus
V Jayaraman S/o. Late Varadaraja Chettiar – Respondent
| Table of Content |
|---|
| 1. appellant claims misrepresentation in consent. (Para 2 , 12) |
| 2. validity of the relinquishment deed requires evidence. (Para 3 , 10) |
| 3. court granted status quo on property pending suit. (Para 8) |
ORDER :
T.V. THAMILSELVI, J.
This Civil Miscellaneous Appeal has been filed seeking to set aside the order and decree dated 10.12.2024, made in IA No.2 of 2024 in OS No.796 of 2024 on the file of IV Additional District Judge, Coimbatore.
2. The appellant herein filed suit in OS No. 796 of 2014 on the file of the IV Additional District Judge, Coimbatore, against respondents herein (first respondent is her brother, respondents 2 to 4 are her sisters and fifth respondent is the Branch Manager, Canara Bank, Pollachi Branch), to cancel the relinquishment deed dated 25.10.2021, vide document No. 11069/2021, which said to be executed by the appellant and her sisters/respondent 2 to 4 in favour of the first respondent as Null and Void and also prayed to divide the suit schedule property into five equal shares along with other consequential relief. While so, the appellant herein filed I.A No. 2 of 2024 in OS No. 796 of 2014 praying to grant an order of interim injunction, restraining t
The relinquishment deed is valid as execution was voluntary, negating claims of misrepresentation.
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
Unregistered relinquishment deeds lack legal efficacy in partition claims, and clear admissions in pleadings bind parties, negating further claims to share in property.
The main legal point established in the judgment is that a deed of release/relinquishment (Ext.3) must validly pass right, title, or interest in the property to be effective. In this case, Ext.3 was ....
The judgment emphasizes the legal principle that mutation does not confer title and a co-sharer cannot relinquish their right without executing a relinquishment deed.
A party who has relinquished their rights in joint family properties cannot later claim partition or execute a will regarding those properties.
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....
The rejection of an application for additional evidence in a partition suit is appropriate when it serves to fill a lacuna rather than addressing substantial claims of ownership.
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