Damodaran v. Raniammal
Case brief
What is this about?
This second appeal addressed the validity of a sale deed executed by a female holding a life estate under a settlement deed. The court held that Section 14(2) applies to such gifts, preventing enlargement of rights to absolute ownership, thus voiding the subsequent sale.
What did the court decide?
The second appeal was allowed; the judgment and decree of the Sub Court were set aside, and the suit filed by the plaintiff was restored and allowed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 19.12.2019
Date of Verdict : 07.01.2020
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
S.A.No.787 of 2004
Prayer :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 29.09.2003 passed in A.S.No.7 of 2003 on the file of the Sub Court, Madurantakam, reversing the judgment and decree dated 21.04.2003 made in O.S.No.155 of 1997 on the file of the District Munsif Court, Madurantakam.
For Appellant : Mr.M.S.Subramanian For Mr.N.K.Sivakumar For Respondents For R1 : No appearance For R2 : Notice served JUDGMENT
This second appeal is directed as against the judgment and decree dated 29.09.2003 passed in A.S.No.7 of 2003 on the file of the Sub Court, Madurantakam, reversing the judgment and decree dated 21.04.2003 made in O.S.No.155 of 1997 on the file of the District Munsif Court, Madurantakam.
- For the sake of convenience, the parties are referred to as per their ranking in the trial Court.
- The case of the plaintiff in brief is as follows :- 3.1. The suit is filed for declaration and possession of the suit property. The suit schedule property originally belongs to one Narayanasamy Padayachi, who is the father of the plaintiff's mother, the second respondent herein. While he was in a sound state of mind, settled the property in the name of the second defendant i.e., the mother of the plaintiff on 07.04.1973, with a condition that the second defendant can enjoy the suit property without making any encumbrance over the property and after her demise, only the male legal heir of https://hcservices.ecourts.gov.in/hcservices/ the second defendant may derive the prefect right and title to
Issues for consideration
3 issues framed by the court
Whether a daughter's restricted life estate under a settlement deed gets enlarged into absolute ownership under Section 14(1) of the Hindu Succession Act?
Does Section 14(2) apply where the female acquired property via a gift with a restricted estate rather than from a pre-existing right like partition or maintenance?
Whether a sale deed executed by a female holding only a life estate is valid?
Parties & counsel
- appellant
Plaintiff/Appellant
- respondent
First Defendant
- respondent
Second Defendant
Coram
Case details
As recorded by the court registry
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