suit property was purchased only from and out of joint family nucleus - Father has no right or title to execute settlement deed in favour of their daughter - Once settlement deed has been held to be void ab initio, question as to whether cancellation of deed was valid or not becomes immaterial - Unilateral cancellation deed, invalid.

Citation

AIROnline 2022 MAD 211

Madras High Court

D. BHARATHA CHAKRAVARTHY , J.

A.S. - 352 of 2014 D/- 2 - 11 - 2022

Subramani v. Arun

(A)Specific Relief Act (47 of 1963), S.34, S.38 - Suit for partition, separate possession and

injunction - Execution of settlement deed in favour of daughter - Trial Court granted plaintiff,

1/4th share in suit property and third defendant was restrained from interfering with plaintiff's

peaceful possession and enjoyment of suit property - On a perusal of evidence adduced, it is

clear that suit property was purchased only from and out of joint family nucleus and first and

second defendants had no right or title to execute settlement deed in favour of their daughter -

In view of same, plaintiff was rightly found to be entitled to 1/4th share in suit properties and

permanent injunction.

 (Paras 16 , 18 , 19) 

(B)Specific Relief Act (47 of 1963), S.31 - Unilateral cancellation deed - Validity - Once

settlement deed has been held to be void ab initio, question as to whether cancellation of deed

was valid or not becomes immaterial - Unilateral cancellation deed, invalid.

 (Paras 17 , 18 , 19)