1993 (10) TMI 358 - SC - Indian Laws

Supreme Court upholds settlement deed granting exclusive ancestral property rights

The Supreme Court affirmed the Appellate Court's decision recognizing the validity of a settlement deed granting exclusive rights over ancestral property ... - Issues involved:The validity of marriage presumption arising from prolonged cohabitation as husband and wife, legitimacy of child, validity of deed of settlement on ancestral property.Validity of Marriage Presumption:The plaintiff appealed against the High Court's decision setting aside the judgment in favor of the trial court, which dismissed the suit for declaration and possession over disputed land. The key issue was whether the High Court was justified in interfering with the presumption of a valid marriage between a man and a woman living together as husband and wife for an extended period.Legitimacy of Child:The case involved Manthi, who had three sons including Chinathambi, and lived with a woman named Pavayee, from whom he had a son named Ramaswamy. The trial court deemed Ramaswamy illegitimate, but the Appellate Court reversed this decision, recognizing Chinathambi and Pavayee as husband and wife. The question arose whether Ramaswamy, excluded from ancestral property, could claim a valid title under a settlement deed executed by his father.Validity of Deed of Settlement:The trial court invalidated the settlement deed, stating it could not convey rights over coparcenary property. However, the Appellate Court upheld the deed's validity, granting Chinathambi exclusive rights over his share. The Supreme Court affirmed this decision, ruling that the ancestral nature of the property ended with the partition decree, allowing Chinathambi to execute the settlement deed in favor of his family.This judgment emphasizes the rebuttable presumption of marriage legality arising from long cohabitation, the importance of evidence in establishing legitimacy, and the validity of property settlements in ancestral contexts.