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Supreme Court of India 2024-01-03 allowed

RAJENDHIRAN vs MUTHAIAMMAL @ MUTHAYEE & ORS

Bench: 2 — Vikram Nath, Rajesh Bindal

In Brief

The Supreme Court allowed the defendants' appeal against a High Court judgment that had decreed a plaintiff's suit to declare a 2011 sale deed null and void. The plaintiffs claimed they inherited the property through an oral partition and a will from Arunachalam. The Court held the High Court erred by relying on documents pertaining to different properties to establish oral partition concerning the specific survey number in question. The will was unproven under statutory requirements, and the property was never registered in the plaintiffs' names. The concurrent findings of the Trial Court and First Appellate Court dismissing the suit were correct. The appeal was allowed and the suit was dismissed."

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Civil Procedure Property Law Succession Law Evidence Oral Partition Will and Succession Appellate Jurisdiction

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