Settlement deeds executed by a testator during their lifetime are binding unless proven otherwise, particularly when allegations of fiduciary wrongdoing or lack of capacity are not sufficiently substantiated.

JUDGMENT

This Civil Suit has been filed by the plaintiffs for the reliefs of Declaration, declaring that the (i) Settlement Deed dated 25.09.2017 registered as Document No.1098 of 2017 in the office of the Sub Registrar, Joint I, Chennai Central and (ii) Settlement Deed dated 24.12.2020 registered as Document No.962 of 2020 in the Office of the Sub Registrar, Joint I, Chennai Central executed by Late V.Pramila in favour of the defendant are void and unenforceable in law and not binding on the plaintiffs; (b) Partition and separate possession of one fourth (1/4th) share to each plaintiff to the plaint schedule properties by passing a preliminary decree; (c) Permanent injunction restraining the defendant or her agent or her henchmen or anybody claiming under her, from interfering with the peaceful possession and enjoyment of the plaint schedule properties by the plaintiffs; (d) Permanent injunction restraining the defendant or her agent or her henchmen or anybody claiming under her, from alienating the plaint schedule properties.

2. The brief averments of the plaint are as follows:-

(a) The plaintiffs and the defendant are the children of Late.Venugopalan and Late V.Pramila. The plaint schedule property is a residential flat bearing Flat No.G-4, super built up area of 422 Sq.feet in the ground floor and a room of super built up area of 100 sq.feet in Terrace with Car Parking shed of 400 sq.ft., in the ground floor of Apartment, namely 'Kamala Arcade', Ganapathy Colony, Gopalapuram, Chennai together with proportionate undivided share of land of 286 Sq.ft., out of 50% in one ground 2394 sq.feet in Plot No.10, R.S.No.102/8, Mylapore Village, Triplicane Taluk. The said property originally belonged to Kamalabhai Ammal through registered sale deed dated 15.02.1947. The said Kamalabhai Ammal executed a settlement deed dated 09.03.1972 in favour of Pramila for her life time without the power of alienation and thereafter, absolutely in favour of her male and female children in equal shares, in respect of the large extent of schedule property of one ground 2392 sq.ft.

(b) The plaintiffs and the defendant are the children born to the said Pramila and they are each entitled to 1/4th share of the property. The mother of the plaintiffs, namely, Pramila wanted to develop the said land and therefore, an agreement of development came to be entered into on 04.08.1995 with one M/s Aparna Constructions for putting up constructions consisting of nine residential flats in the said plot. The plaintiffs and the defendant have agreed to allot four flats bearing Nos.F- 1, F-2, F-3, F-4 in the first floor to the Developer as its share, in consideration of the construction to be put up by the Developer and also agreed to convey proportionate undivided share of land of 50% out of one ground 2392 sq.ft., to the Developer and they retained remaining five residential flats bearing Nos.G-1, G-2, G.3, G-4, M-1 and a room in the terrace of super built up area of 100 sq.feet together with remaining 50% undivided share of land.

(c) After completion of the construction of flats, the said Pramila, plaintiffs and the defendant took possession of the flats and as agreed, the said Pramila, plaintiffs and the defendant jointly executed sale deeds on 04.09.1997 and 09.12.1998 in favour of the nominees of the Developer in respect of the proportionate undivided share of land totalling upto 50% of UDS of land in Plot No.10 for the Flat Nos.F-1, F-2, F-3 and F-4. While so, life interest holder, mother of the plaintiffs and defendant viz., V.Pramila, had executed a release deed on 29.08.2016 in favour of the plaintiffs and the defendant by relinquishing her right and interest in resp