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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
K. Narasimha – Appellant
Versus
Yadamma – Respondent
JUDGMENT :
K.SUJANA, J.
Challenging the judgment and decree dated 06.08.2002 passed in O.S.No.479 of 1995 by the learned IV Senior Civil Judge, City Civil Court, Hyderabad, the present City Civil Court Appeal is filed.
2. The brief facts of the case are that the plaintiffs, three sisters of the defendant, filed a suit seeking partition andseparate possession of the suit schedule property, claiming each was entitled to a one-fourth share under a registered will deed dated 28.10.1978 executed by their late father, Sattaiah, who had purchased the property at Esamia Bazar, Hyderabad, in the year 1974 with his self-acquired funds and constructed rooms from his earnings. They alleged that after the death of their father in the year 1979, the defendant, collected all the rents without sharing them and refused to divide the property.
3. On the other hand, the defendant, while not disputing the relationship, contended that he had actually purchased and developed the property with his own funds in the name of his father out of affection. He alleged that the will deed was fabricated when their father was sick and bedridden, and further claimed that the plaintiffs had, for consideration of Rs.30,0
The court emphasized the necessity of attesting witnesses for will validity and clarified suppression of facts must show intent to deceive to affect the decree's integrity.
Legal heirs of an intestate mother are entitled to equal shares in the property, and a release deed executed under misrepresentation is invalid.
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....
[A relinquishment deed must be registered to be admissible in evidence, and the absence of such a deed undermines claims of ownership or relinquishment of property rights.]
Rule 73 of Rules reads as duties of Registering Officer.
The validity and binding nature of the settlement deed, the requirement of proof of execution under Section 68 of the Indian Evidence Act, and the applicability of the Hindu Succession Act were centr....
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