for relinquishment of share - circumstance can be taken in to considered in the absence of specific relinquishment deed
It is submitted that the High Court has materially erred in not accepting the same on the ground that there is no Deed of 9 Relinquishment executed by Triza Kalyani John @ A.S. Meenakshi and as such the Deed of Relinquishment is required to be registered.
we are of the view that the High Court has completely erred in holding that the plaintiffs would have 1/4th share in the suit property being the heirs of deceased Triza Kalyani John @ Meenakshi –the daughter of John D.Abraham. It was the specific case on behalf of defendant nos. 1 & 2that at the time of marriage of Triza Kalyani John @ Meenakshi withoriginal plaintiff no.1, she converted to Hinduism and her name was changed to A.S. Meenakshi.
It was the specific case on behalf of
defendant nos. 1 & 2 that at the relevant time when the said Triza Kalyani John @ Meenakshi had married to original plaintiff no.1 and converted to Hinduism, there was opposition.
However, despite the same, the said Triza Kalyani John @ Meenakshi converted to Hinduism and married to original plaintiff no.1 and she was paid Rs.50,000/ and some gold ornaments for relinquishing her right, if any, in the suit property belonging to John D. Abraham.
The trial Court believed the case on behalf of defendant nos. 1 & 2, both on appreciation of evidence as well as on conduct of Triza Kalyani John @ Meenakshi. The trial Court also dismissed the suit on the ground of limitation.
It is to be noted that the John D. Abraham died intestate in the year 1964. Triza Kalyani John, the eldest daughter ofJohn D. Abraham married to original plaintiff no.1 in the year 1979.She died in the year 1986. During her life time, she never claimed any share/partition in the suit property belonging to John D. Abraham. Only after the death of Triza Kalyani John @ Meenakshi, the plaintiffs claiming to be the heirs of Triza Kalyani John @ Meenakshi instituted the suit for partition contending, inter alia, that Triza Kalyani John @ Meenakshi had 1/3rd share in the suit property belonging to John D. Abraham, who died intestate. Therefore, considering the aforesaid conduct on the part of Triza Kalyani John @ Meenakshi during her life time, the learned trial Court rightly accepted the defence on behalf of original defendant nos. 1 & 2 that the said Triza Kalyani John @ Meenakshi was paid Rs.50,000/ and some gold ornaments at the time of her marriage with original plaintiff no.1 and the said Triza Kalyani John @ Meenakshi relinquished her share in the suit property.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 72077208/2008
Pharez John Abraham (Dead) By Lrs. …Appellants
Versus
Arul Jothi Sivasubramaniam K. & others …Respondents
