The matter arose from a partition suit of a property filed by two children of one Sengalani Chettiar, from his second marriage.
The property in dispute was the self-acquired property of Chettiar. From his first marriage, Chettiar had one son, Chandran, while from his second marriage, he had five daughters and one son.
Chandran, the only son of Chettiar from his first marriage executed a release deed with respect to the property in the year 1975 before passing away in 1978.
Chettiar died in the year 1988 while his second wife died in the year 2005. Thereafter, a partition suit came to be filed by two children (plaintiffs) of Chettiar from his second marriage.
The successor of Chandran, who are the present appellants, were made the defendants to the suit.
In the partition suit before the trial court, it was prayed by the plaintiffs to exclude the present appellants on the basis of the release deed executed by the father of the appellants i.e., by Chandran.
However, the trial court found that the release deed in question will not bar the appellants to inherit the property of their grandfather since it was a void document for the reason that the father of the appellants had executed the same in 1975 while his father Chettiar was alive.
The plaintiffs in the partition suit were, therefore, only granted 2/7 share of the property.
Aggrieved, the children of Chettiar from his second marriage approached the High Court which granted relief and the appellants were excluded from claiming any share in the said property on the ground of release deed executed by their father, Chandran.
Challenging the High Court’s order, the appellants moved the Supreme Court.
Source: Barandbench
