Theiry Santhanamal Vs Viswanathan & Ors. 2018 SC.
Author : ARTHI M
2018 SC CIVIL APPEAL NO 3227 OF 2006
HON’BLE MR.JUSTICE A BHUSHAN, A SIKRI
The present case of Theiry Santhanamal Vs Viswanathan & Ors. deals with the matter of suit property and there other properties.
Since the said property belonged to Mr. Mariasusai Mudaliar who was the grandfather of Respondent no 3 to 5 and father of Oubegaranadin(deceased).
Mudaliar died leaving behind two sons, Who is Oubegaranadin and Simon. In 1959 the suit property and other properties were partitioned by their two sons by registered deed and Oubegarandin was allocated certain properties. After partition they has some difficulties in enjoying the property so decided to exchange between themselves under exchange Agreement dated on March 15, 1971. And after that Oubegaranadin and his sons respondent no 3,4,5 entered deed of partition and they were allocated larger share jointly who were minors. After 3years of partition Oubegaranadin filed a suit against respondent 3, 4, 5 in Pondicherry. Respondent 3 and 4 were minors so they were represented by her mother and guardian respondent no 6.Oubegaranadin sold his property and later the respondent 3 and 4 sold there 1/3rd of share to the appellant and respondent 5 being minor he sold his property to the appellant through respondent 6 the guardian.
ISSUES AND FACTS OF LAW
-Whether the Partition of the property of the grandfather was a valid one?
-Whether property can be allotted to a minor?
-Whether the property can be demanded by the Respondent?
-Whether it is governed under Hindu Customary Law?
-Whether he could give away the portions of his property to his sons by entering into a partition deed?
The High court was right in observing the Partition deed either on gift deed or on a family settlement. The claim of Plaintiff was not on that basis. Then the high court came with a conclusion in the impugned Judgment. As a result of which this appeal was dismissed.
Since the Partition deed cannot be entered into between the parties who are joint owners of the property-in case of the father wanted to give the property to his of which he was absolute owner it could be done by the will or by means of a gift deed.