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Supreme Court of India 2018-09-17 dismissed

L. Ponnayal @ Lakshmi vs Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr

Bench: 2 — L. Nageswara Rao

In Brief

The appellant sought partition of ancestral properties following a Partition Deed of 1948. The trial court and High Court dismissed the suit, holding that the appellant was bound by the partition deed, had lost her right to challenge a 1949 sale deed through failure to comply with a 1953 compromise decree, and that the suit was barred by limitation. The Supreme Court affirmed these findings. It held that the appellant adduced no evidence to substantiate claims of unsound mind or document manipulation, that a grandfather validly settled his share of partitioned property in favour of his grandson, and that parties cannot challenge documents after inordinate delays. The appeals were dismissed.

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Property Law Partition Succession Limitation Compromise and Settlement Evidence Civil Procedure

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