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IN THE HIGH COURT OF TRIPURA AT AGARTALA
T.AMARNATH GOUD, BISWAJIT PALIT
Anjali Chakraborty W/o Late Dhiresh Chakraborty – Appellant
Versus
Rati Ranjan Chakraborty S/o Late Gurudas Chakraborty – Respondent
| Table of Content |
|---|
| 1. appeal against judgment and decree. (Para 1 , 2 , 3) |
| 2. challenging validity of sale deeds post-death. (Para 4 , 5 , 6) |
| 3. reference to apex court's ruling on void transactions. (Para 7) |
| 4. arguments relating to forgery and burden of proof. (Para 8 , 9 , 10) |
| 5. court's reasoning for validating claims and granting relief. (Para 11 , 13 , 14) |
| 6. conclusion granting relief and cancellation of deeds. (Para 15) |
JUDGMENT :
T. AMARNATH GOUD, J
1. This is an appeal under Section 96 of the Code of Civil Procedure from the original judgment and decree dated 17.08.2023 & 05.09.2023 passed by Ld. Civil Judge (Senior Division) Court No.4, Agartala, West Tripura in TS No.1 of 2015 to allow the Title Suit of the Appellant-Plaintiffs.
2. The case in a nutshell is that the appellant-plaintiffs has filed the suit for declaration of rights, recovery of possession, cancellation of sale deeds of the defendant Nos. 2 to 6 before the Ld. Trial Court and perpetual injunction. The plaintiffs are the legal heirs of Lt. Dhiresh Chakraborty. Lt. Kusum Kamini Chakraborty was mother of Dhiresh Chakraborty and defendant no. 1 namely Rati Ranjan Chakraborty. In the year 1985 said Kusum Kamini Chakrabo
Sale deeds executed after the death of the grantor via a void power of attorney are invalid, affirming that ownership rights must be recognized for legal heirs.
Documents executed posthumously without grantor's authorization are void ab initio, necessitating a declaration of rights for affected parties.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
The main legal point established in the judgment is the requirement to prove the execution of a Power of Attorney and the validity of sale deeds, as well as the consideration of the issue of limitati....
An agent must act in the principal's best interests; unauthorized sales executed under a power of attorney without consent are fraudulent.
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