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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
S.Sundari, W/o Shanmugasundaram – Appellant
Versus
M.Shanmuga Sundaram, S/o M.A.Manivasagam – Respondent
| Table of Content |
|---|
| 1. nature of the plaintiff's claim and property (Para 2 , 3) |
| 2. defendant's response to the plaintiff's claims (Para 4 , 5) |
| 3. issues framed by the trial court and points for determination (Para 6 , 8 , 9) |
| 4. arguments regarding execution and nature of the settlement deed (Para 11 , 12) |
| 5. legal presumptions regarding property ownership (Para 20 , 21) |
| 6. effect and validity of the settlement deed (Para 26 , 29 , 30) |
| 7. dismissal of the second appeal (Para 31) |
JUDGMENT :
P. Dhanabal, J.
This Second Appeal has been preferred against the decree and Judgment passed by the II Additional District Judge, Salem in AS.No.52 of 2014 dated 01.04.2015
2. The appellant is the plaintiff in the main suit filed for declaration to declare that the settlement deed executed by the plaintiff in favour of the defendant as null and void and to grant permanent injunction restraining the 1st defendant from interfering with the plaintiff’s peaceful possession and enjoyment of the property and for grant of decree of mandatory injunction directing the 2nd defendant to restore the water tap connection to the suit property. The trial court has dismissed the suit. Aggrieved by the said decree and judgment
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.
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 main legal point established in the judgment is that the property was purchased with the income of the father, and the settlement deeds were obtained through fraud and coercion, leading to the en....
The main legal point established in the judgment is the determination of property rights based on the source of purchase and the validity of settlement deeds executed within a family.
(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....
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