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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
P. Ramesh, S/o. Ponnan – Appellant
Versus
Irudaya Mary, (died), W/o. Ponnan – Respondent
| Table of Content |
|---|
| 1. case regarding property disputes and legal authority over sale deeds. (Para 1 , 2 , 3) |
| 2. identification of parties and procedural links in litigation. (Para 4 , 5 , 6) |
| 3. arguments on the right to contest title based on sales and payments. (Para 8 , 10 , 12) |
| 4. determinations regarding remand for trial court consideration. (Para 14 , 15 , 16) |
COMMON JUDGMENT :
T.V. THAMILSELVI, J.
The Second Appeal has been filed to set aside the Judgement and Decree dated 16.11.2021 made in A.S.No. 453 of 2018 on the file of V Additional City Civil Court at Chennai, which had confirmed the Judgement and Decree made in I.A.No. 13414 of 2016 in O.S.No. 908 of 2015 dated 08.08.2017 on the file of III Assistant City Civil Court at Chennai.
2. The appellant herein is the plaintiff and the respondents 1 to 4 herein are the 1 to 4 defendants in the original suit. The 5th respondent herein being the Tamil Nadu Slum Clearance Board, is the 5th defendant in the original suit. The 1st respondent/1st defendant is the mother of the appellant/plaintiff and the respondents 2 to 4 defendants 2 to 4 are siblings of the appellant/plaintiff.
3.The Writ petition has been filed by the petitioner/appellant
The court reaffirmed that personal laws govern inheritance claims despite statutory provisions; fraudulent documents invalidate subsequent property claims.
Sale agreement for property with owned and expectant portions is contingent and unenforceable for unowned part if conveyance event fails; specific performance limited to divisible owned portion with ....
A property allotment made solely in the name of one individual grants them the exclusive right to execution of the sale deed, and heirs acquire no right of inclusion based solely on an unregistered d....
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 the requirement for substantiating the agreement of sale and the sale consideration, as well as the importance of saleable interest in the property....
A sale deed executed under coercion, influenced by government circulars limiting sales, is void, affirming the right to property under Article 300A.
The court ruled that rightful ownership evidenced through proper documentation takes precedence over claims of adverse possession by the defendant regarding property allegedly belonging to a temple.
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.
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