In a property dispute involving Vetrivel and the heirs of Narayanasamy, the Madras High Court decided that an unregistered document from 1948 could be used in court. The document's acceptance was debated, but the court allowed it for now, pending further examination.
Vetrivel and Vadivuarasi, the people who brought the case, filed a suit for property rights and possession in Ariyalur. The properties were originally part of a family arrangement dating back to May 31, 1948. This arrangement was between Kaliyamoorthy and Venkatachalam, two family members.
The properties in question are located in Ayan Thathanur, Vangaram, and Anganur Villages. After Kaliyamoorthy's death in 1972, his daughter, Pichai Ammal, managed them. However, arguments arose when the defendants, including Narayanasamy's heirs, claimed rights over the properties.
In 2013, Vetrivel found out that the defendants had their names in the revenue records. This led to a legal battle over whether the 1948 family arrangement document, which was neither stamped nor registered, was valid.
"The document just records past transactions and does not create any current rights," argued Mr. P. Valliappan, representing the petitioners.
Justice R. Sakthivel of the Madras High Court decided on February 24, 2026, that the document could be temporarily used in court. The court will later determine if it creates current rights or just records past arrangements.
The petitioners' lawyer mentioned several cases to support their argument, emphasizing that the document records past transactions. However, the respondents' lawyer argued that it should have been registered since it creates current rights.
The court instructed the Trial Court to continue with the case and decide on the document's acceptance later. The original document must be sent to the Trial Court safely, considering its age.
This case highlights the complexities of property disputes, especially when dealing with old documents and family arrangements.
