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september 2018

Supreme Court of India · 2018-09-17

L. PONNAYAL @ LAKSHMI vs KARUPPANNAN DEAD THROUGH LR. SENGODA GOUNDER AND ANR.

Citation / case number
SC 2016/26667
Court
Supreme Court of India
Petitioner
L. PONNAYAL @ LAKSHMI
Respondent
KARUPPANNAN DEAD THROUGH LR. SENGODA GOUNDER AND ANR.
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed a partition dispute involving properties inherited from Appavu Gounder, where the Appellant claimed a share as the daughter of Athappa Gounder, who was allegedly mentally ill during the execution of a Sale Deed by Defendant No.1. The Court emphasized that a Sale Deed executed under the influence of mental incapacity is void, thus upholding the Appellant's claim for partition and separate possession. The judgment of the High Court was set aside, and the matter was remanded for further proceedings consistent with the established legal principles regarding mental incapacity and property rights.

L. PONNAYAL @ LAKSHMI vs KARUPPANNAN DEAD THROUGH LR. SENGODA GOUNDER AND ANR. · Niyam