2017 (6) ABR 245 ::(2017) 4 AllMR 637 (BOM) ::(2018) 3 Bom CR 795 ::(2018) 2 CurCC 173

Bombay High Court

Hon'ble Judge(s): Nutan D. Sardessai , J

(A) Transfer of Property Act (4 of 1882) , S.5— Deed of family settlement - Challenge on ground of invalidity - Parents of plaintiff and defendant distributing their property during their lifetime by deed of settlement - Plea of plaintiff that family settlement not applicable during lifetime of parents in view of Art. 2042 of Goa Family Laws - Plaintiff enjoying benefits under family settlement, cannot challenge it - Non-disclosure of Deed of family settlement at time of inventory proceedings, making plaintiff guilty of suppression of facts before Court - Deed of family settlement, valid. Evidence Act (1 of 1872) , S.115— Goa Family Laws (Decree D/- 26-5-1911), Art. 2042.AIR 2005 SC 104, AIR 1976 SC 807, 2010 AIR SCW 305, Rel. on. (Para 25) (B) Transfer of Property Act (4 of 1882) , S.5— Limitation Act (36 of 1963) , Art.137— Deed of family settlement - Challenge on ground of invalidity - Limitation - Deed of family settlement executed in year 2005 - Plaintiff seeking repudiation of deed in year 2014 - Suit challenging deed barred by limitation. AIR 2005 SC 104, AIR 1976 SC 807, 2010 AIR SCW 305, Rel. on. (Para 26) (C) Civil P.C. (5 of 1908) , O.39 R.....