Leela Devi and Others v. Amar Chand and Another

In 2023, the Rajasthan High Court heard the case of Leela Devi and Others v. Amar Chand and Another. This legal dispute unfolded due to the absence of a Will and a lack of clarity over a family property settlement. The plaintiffs, including Leela Devi, approached the court claiming their rightful share in a property they alleged to be joint family property. They contended that there had never been any lawful partition of the ancestral land and hence, all legal heirs were entitled to equal shares.

The defendants, Amar Chand and another party, rebutted this by producing a family settlement dated 6th September 1977, which they claimed had already resolved the division of property. They argued that this document established each member’s rightful portion and that the property had ceased to be joint family property after the settlement was made.

However, the plaintiffs argued that the 1977 document was not a mere family settlement but a partition deed. As such, under the Registration Act of 1908, it required mandatory registration to be legally valid. Since it was not registered, they contended it could not be accepted as evidence of a concluded partition.

The trial court accepted the document as a valid family settlement, which the plaintiffs challenged. The matter escalated to the Hon’ble Rajasthan High Court, where the focus remained on the technical legality and the lack of a written Will that could have definitively established the deceased’s intentions.

This case illustrates how the absence of a Will or proper partition deed can create deep divisions within families, leading to lengthy and emotionally draining court battles. Had a will been prepared or the partition deed properly registered, much of the confusion, expense, and strain on familial relationships could have been avoided.

Source

https://indiankanoon.org/doc/140545540