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Moot Problem - 1 Civil Case

The document presents a moot problem involving a family dispute over property inheritance following the death of Jitendra, a wealthy farmer. His eldest daughter Sonu and her sisters are contesting the actions of their brother Chura, who allegedly manipulated their mother Geetha into signing documents regarding the property. The case raises several legal issues, including the maintainability of the appeal, the rights of daughters under succession law, the validity of an unregistered will, the precedence of family settlements, and the possibility of granting a permanent injunction without possession.

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27 views3 pages

Moot Problem - 1 Civil Case

The document presents a moot problem involving a family dispute over property inheritance following the death of Jitendra, a wealthy farmer. His eldest daughter Sonu and her sisters are contesting the actions of their brother Chura, who allegedly manipulated their mother Geetha into signing documents regarding the property. The case raises several legal issues, including the maintainability of the appeal, the rights of daughters under succession law, the validity of an unregistered will, the precedence of family settlements, and the possibility of granting a permanent injunction without possession.

Uploaded by

kusshhal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ANANNTHA LAW COLLEGE, HYDERABAD

MOOT PROBLEM - 1
Mr. Ravon & Anr (Appellant) vs. Sonu & Ors (Respondents)

There was a family comprised of father (Jitendra), mother (Geetha), and their five
children Sonu (1st daughter), Monu (2nd daughter), Bolu (son), Dolu (3rd daughter)
and Chura (son). The father Jitendra was a wealthy farmer of his native
Shyamnagar. He had 600 acres of property. Geetha was illiterate but very caring
and homely mother. Jitendra provides proper education facilities to all his
children. But except his first daughter none of his other children were interested
in their studies. The first daughter Sonu passed her master’s in psychology in first
class with gold medal from University of Shyamnagar.
Sonu got job as an Assistant Professor of Psychology in Shyamnagar Law
college. Others do not have any skilled job. Most of them earned through private
job. In 2005 (Sonu), 2006 (Monu), 2007 (Dolu), all the daughters got married one
after another. Chura, the younger son got married to Sana in the year 2008 and
delivered triplets sons in January 21/2/2010. Meanwhile, the elder son Bolu died
due to Malaria on 15/5/2010. Though Jitendra cared and looked upon his children
equally the younger son always got jealous of his elder sister.
On 10th December 2010, Jitendra suddenly expired intestate due to heart
attack. Geetha’s world of happiness came crashing down. Sonu being eldest
sibling stood like an iron rod for her family, performed all the rituals and consoled
her mother and other siblings to stay together in the hour of sorrow. Few years
later in around 2020, mother Geetha was not keeping well. She always insists her
eldest daughter to get the property mutated amongst themselves. Sonu always
confronted her mother that so long as Geetha is alive, she shall be the owner. Her
mother always informed her eldest and second daughters that some strange people
came regularly to see the property along with Chura and that she smells
something fishy.
Chura and his wife Sana are not taking proper care their mother. All her
daughters knew the fact that their brother and his wife are not taking proper care
of their mother. So, they decided to keep their mother in their respective homes
rotation wise. Initially, Geetha did not agree but after consoling she consented to
it. Firstly, Geetha went to her youngest daughter house then next to her second
daughter and at last to her first daughter place. The second and third son -in- laws
were mean and wanted to have their portion of share to be mutated at the earliest.
The son-in-law of first daughter was a drunkard and did not care for his mother -
in-law.
Meanwhile, while Geetha was in second daughter’s house, Chura came
with the blank paper and took the specimen signatures of his mother in it and
went away when no was there at home. But this matter was narrated to her
daughters. Geetha always conveyed her wishes to return to her home. All the
daughters agreed to her mother and let her stay where she wants. The same ill
treatment continued by her son and daughter-in -law. Geetha expired on
20/2/2024 by leaving a will providing equal share to property to all her children.
Before the one year of her death ceremony could complete, one Mr. Ravon
came along with settlement officer for demarcation of the property on 13/7/2024.
The information of demarcation was informed to Sonu and others by their
neighbours. Sonu and her sisters researched and came to know that Chura had
entered registered sale deed on 20-2-2020. On the other hand, on the same day all
the children of Jitendra made a Family Settlement 20-2-2020 and registered the
same stating that whatever the discrepancies existed on the property shall be
resolved amicably and agreed for equal share to all of them. Meanwhile even the
last daughter initially did not agree to sign the settlement stating that her father
Jitendra had gifted her portion of 100 acres already. However later, she had signed
the same.
All the daughters Sonu, Monu and Dolu filed suit for declaration of title
under Section 34 of the Specific Relief Act, 1963 and Order 39 for permanent
injunction before the District Court of Shyamnagar against Mr. Ravon and Chura.
After the case was filed Mr. Ravon threatened the plaintiffs to withdraw the case
or else to return the money Chura had taken from him as a mortgage to the land
which he kept by transferring to himself without the notice to other coparceners.
However, the mortgage deed was not registered. The second defendant was set
ex-parte to the whole proceedings.
The district court gave judgment in favour of plaintiffs. The defendants Mr.
Ravon and Chura appealed to High Court of Madhurnagar.
ISSUES
1. Whether the appeal is maintainable?
2. Whether the daughters born before 2005 amendment to the succession Act
have the right to property and can be treated as coparceners?
3. Whether the unregistered will has any validity?
4. Whether the family settlement prevails over any other instruments?
5. Whether permanent injunction can be granted without possession of
property?

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