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Supreme Court of India 2022-01-27 dismissed

K. Arumuga Velaiah vs P.R. Ramasamy and Anr

Bench: 3 — Nagarathna

In Brief

The appellant sought partition and separate possession of joint family properties, claiming entitlement through his grandfather's will. A prior judgment had found that these properties were partitioned in 1964, but the appellant filed a fresh suit challenging this. The Supreme Court held that once a prior judgment establishing partition has attained finality and been acted upon without challenge, the principle of res judicata bars a fresh suit for the same relief. The Court also clarified that an arbitration award serving merely as a memorandum of family arrangement for future partition does not require registration, as it does not create immediate rights in specific immovable properties. The appeal was dismissed.

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Res Judicata Partition of Joint Family Property Registration Act Arbitration Award Family Arrangement Hindu Law

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