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2026 Supreme(Online)(Ker) 11986

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
THANKAPPAN – Appellant
Versus
R. VIJAYAMMA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.T.PRADEEP, SMT.M.BINDUDAS, SHRI.NIRANJAN T. PRADEEP
For the Respondents: SRI.SABU S.KALLARAMOOLA, SRI.LEEJOY MATHEW.V., SMT.SINDHU MATHEW, SHRI.SIMSAR UL HAQ K.Y, SMT.ATHIRA C.K, SHRI.ALDIN JOSE M.J.

Table of Content
1. validity of ownership transfer under familial law. (Para 1 , 2 , 3)
2. role of facts in establishing property rights. (Para 4 , 5 , 6)
3. rejection of unilateral deed cancellation. (Para 7 , 8)

JUDGMENT Devan Ramachandran, J.

The appellant challenges the judgment of the learned Family Court, Thiruvananthapuram, in OP No.2529/2018 because, it has allowed the plea of the respondent herein – his former wife, and has declared her title and possession over the property covered by Ext.A1, after finding the alleged ‘revocation deed’ of the former -

namely Ext.A2, to be null and void.

2. Sri.R.T.Pradeep – learned counsel for the appellant, argued that the property was originally purchased by his client using his own resources which he had obtained from his employment; and that, he then registered Ext.A1 Sale Deed in favour of the respondent, solely out of love and affection for her, as his wife. He submitted that, however, subsequently, things soured between the parties and that his client came to be aware that he was tricked into executing Ext.A1 by the respondent; and therefore, that he executed Ext.A2 - the Cancellation Deed, on the strength of which, the property stood ‘r

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