The court affirmed that allegations of fraud must be substantiated by evidence, and failure to act within the statutory limitation renders claims against registered documents unmaintainable.

JUDGMENT

This Suit has been filed by the plaintiffs under VII Rule 1 of CPC r/w Order IV Rule 1 of the Original Side Rules, praying for declaration declaring that the Release Deeds executed between the plaintiffs and their brother are null and void and for the partition and separate possession of their 5/6 shares is respect of the Item Nos.1 and 2 of the Suit property and for cost.

2. The gist of the plaint averments are as follows:

(a) The plaintiffs and one Mr.S.Thangaraj are the daughters and son of one Mr.S.Selvaraj. The first and second defendants are the wife and son of the late Mr.S.Thangaraj. The said Mr.S.Selvaraj, the father of the plaintiffs and father-in-law of the first defendant and grandfather of the second defendant, had purchased the Suit property.

(b) The said Mr.S.Selvaraj died on 17.05.1990, leaving behind his wife Mrs.S.Padmavathy, daughters/plaintiffs and son Mr.S.Thangaraj, as his legal heirs to succeed his estate. The mother of the plaintiffs, namely Mrs.S.Padmavathy, during her lifetime executed a Will dated 27.04.2010, bequeathing the Western portion of the Suit property in favour of her son Mr.S.Thangaraj. The said Mrs.S.Padmavathy died on 20.05.2011. After the demise of the parents of the plaintiffs, they have been in possession and enjoyment of the Suit property along with their brother, namely Mr.S.Thangaraj.

(c) The said Mr.S.Thangaraj died on 23.11.2017, leaving behind his wife and child, who are the defendants herein, as his legal heirs to succeed the estate. One point of time, the brother of the plaintiffs and husband of the first defendant namely Mr.S.Thangaraj, in order to misappropriate the entire Suit property, approached the plaintiffs to release the share of the plaintiffs to his favour and the same was refused by the plaintiffs. Despite their refusal to execute the Release Deed as stated above, the said Mr.S.Thangaraj voluntarily agreed to release his 1/6^th undivided share in respect of Item No.1 of the Suit property to and in favour of the plaintiffs under the Release Deed dated 24.05.2012 bearing Document No.2972 of 2012, by receiving a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) from the plaintiffs. For which also, the plaintiffs did not agree.

(d) Thereafter, the said Mr.S.Thangaraj, fraudulently executed a Release Deed in respect of the 1/6 share through a Release Deed dated 24.05.2012 bearing Doc.No.2972 of 2012 and under the guise of executing the Release Deed dated 24.05.2012, the said Mr.S.Thangaraj, obtained signatures in another document alleged to be Release Deed executed by the plaintiffs to and in favour of the said Mr.S.Thangaraj, as if the plaintiffs agreed to release their 5/6^th undivided share in Item No.2 of the Suit property by receiving a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) from Mr.S.Thangaraj, for the 5/6^th undivided share over the Suit property through a Release Deed dated 24.05.2012 bearing Document No.2973 of 2012. The said Release Deeds have been registered on 24.05.2012 in the office of Sub-Registrar Virugambakkam. The above Release Deeds were obtained by the deceased Mr.S.Thangaraj by playing fraud, undue influence and coercion on the plaintiffs.

(e) Since the said Mr.S.Thangaraj, died on 23.11.2017, leaving behind the defendants as his legal heirs, the plaintiffs approached the first defendant/wife of Mr.S.Thangaraj for division of the Suit property in equal shares, but the first defendant, relying upon the Release Deed dated 24.05.2012 registered as Document No.2973 of 2012, refused to partition over the Suit property.

(f) In the month of June 2018, the plaintiffs came to know about the fraudulent transactions of the Release Deeds in favour of the deceased husband of the first defendant, Mr.S.Thangaraj. The plaintiffs have no knowledge about the Release Deeds and the Suit property is not a self-acquired property of the