Law Does Not Permit A Person To Both Approbate & Reprobate, Party Can't Accept & Reject The Same Instrument: Madras High Court Reiterates
2 years, 10 months ago

Law Does Not Permit A Person To Both Approbate & Reprobate, Party Can't Accept & Reject The Same Instrument: Madras High Court Reiterates

Live Law  

Explaining the legal principle of Approbate and Reprobate, the Madras High Court has recently observed that the foundation of the law of election is that a person cannot accept and reject the same instrument. It was further pleaded that this settlement deed was filed before the Land Reforms Tribunal and this document was acted upon when the orders were passed by the Tribunal on 9.6.1991. The defendants, however, submitted that this settlement deed was never acted upon and this settlement deed was created only for the purpose of getting an exemption under the Land Reforms Act. In appeal, however, the Lower Appellate Court found that the settlement deed was executed by the father only to minimize the extent of surplus land and escape the consequences under the Tamil Nadu Land Reforms Act. The High Court however was of the opinion that the Settlement deed was presented before the Land Reforms Tribunal and a favorable order was also obtained.

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History of this topic

'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity
4 months ago

'Consideration' Need Not Be Monetary: Supreme Court Upholds Settlement Deed Requiring Transferee To Care For Transferors & Do Charity

Live Law  

The Supreme Court upheld a property transfer based on a settlement deed requiring the transferee to care for the transferors and perform charitable work. The respondents argued that the settlement deed was nothing but a gift deed because it was without consideration as taking care of the transferor and doing social work would not qualify as consideration. Observation Setting aside …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)
2 years, 6 months ago

Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

Live Law  

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by …

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court
2 years, 10 months ago

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court

Live Law  

The Madras High Court bench of Justice N. Anand Venkatesh observed that merely because a son has been added as a co-vendor in a sale deed would not give rise to the presumption that the property being dealt with is a family property. The court further held that the burden of proof to prove that the property was a joint …

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