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january 2023

Supreme Court of India · 2023-01-25

ELUMALAI @ VENKATESAN AND ANR. vs M KAMALA AND ORS ETC.

Citation / case number
SC 2017/10252
Court
Supreme Court of India
Petitioner
ELUMALAI @ VENKATESAN AND ANR.
Respondent
M KAMALA AND ORS ETC.
Author
HON'BLE MR. JUSTICE K.M. JOSEPH
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH, HON'BLE MR. JUSTICE AJAY RASTOGI, HON'BLE MR. JUSTICE ANIRUDDHA BOSE, HON'BLE MR. JUSTICE HRISHIKESH ROY, HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Judgment text excerpt

The Supreme Court examined a dispute over the property rights of children from different marriages of Sengalani Chettiar, focusing on a Release Deed executed by Chandran, the father of the appellants. The case involved whether the property, which was self-acquired by Sengalani Chettiar, could be partitioned among his children, considering the terms of the Release Deed and the nature of the property. The court analyzed the legal validity of the Release Deed and the rights of the children in the property, ultimately ruling on the entitlement of the appellants to the property. The judgment clarified the legal principles governing property rights in cases of multiple marriages and self-acquired property.

ELUMALAI @ VENKATESAN AND ANR. vs M KAMALA AND ORS ETC. · Niyam