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2025 Supreme(SC) 677

J. B. PARDIWALA, R. MAHADEVAN
Angadi Chandranna – Appellant
Versus
Shankar – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Haripriya Padmanabhan, Sr. Adv. Mr. Raghunatha Sethupathy B, Adv. Mr. K. Paari Vendhan, AOR Ms. Aditi Gupta, Adv. Ms. Pariksha, Adv. Mr. S. Sabari Bala Pandian, Adv. Mr. Shreehare J, Adv.
For the Respondent(s): Mr. Nishanth Patil, AOR Mr. Nishanth Patil, Adv. Mr. Ayush P Shah, Adv. Mr. Arijit Dey, Adv. Mr. Mehul Kumar Garg, Adv.

Judgement Key Points

Certainly. Based on the legal document provided, here are the key points summarized:

  1. Once joint family property has been lawfully distributed, it ceases to be joint family property, and the shares of the respective parties become their self-acquired properties. (!)

  2. The doctrine of blending self-acquired property with joint family property requires voluntary action by the owner with the clear intention of abandoning separate rights. To establish such abandonment, a clear and unequivocal intention to waive separate rights must be proven. (!) (!)

  3. There is no presumption that a property is joint family property solely because of the existence of a joint Hindu family. The party asserting that a property is joint family property must prove it. If a nucleus or common fund is established, the burden shifts to the claimant to prove the property was purchased with separate funds. The existence of such a nucleus must be established as a matter of fact and cannot be presumed. (!) (!) (!) (!) (!)

  4. For a property to be considered ancestral, it must be inherited from paternal ancestors up to three generations. After distribution through lawful partition, the property shares become self-acquired, and the intention of the parties as expressed in the partition deed is crucial. If the partition indicates a clear intention to go separate ways, the property is no longer joint family property. (!) (!) (!)

  5. The character of the property (whether joint or self-acquired) is a question of fact, which requires clear proof. The burden of proof rests on the party claiming joint ownership, and the proof must establish the existence of a nucleus or joint fund if such a presumption is to be made. (!) (!) (!) (!) (!)

  6. The sale of property by a Karta for legal necessity or for the benefit of the family is valid, and expenses for family events such as marriage are considered out of necessity. The sale deed’s contents take precedence over oral evidence, and such transactions are presumed to be for legitimate purposes unless proven otherwise. (!) (!) (!) (!)

  7. The courts must carefully analyze the evidence to determine whether the property was acquired using joint family funds or through self-acquisition. The mere assertion of joint funds is insufficient unless supported by concrete evidence demonstrating the source of funds. (!) (!) (!) (!)

  8. The scope of appellate jurisdiction is limited. The High Court should not re-appreciate evidence or re-examine factual findings unless there is a failure to consider law, inadmissible evidence, or no evidence at all. The High Court's interference is only justified when a substantial question of law arises, which is not merely a question of fact or a re-interpretation of evidence. (!) (!) (!) (!)

  9. The existence of a joint Hindu family does not automatically presume property to be joint family property; proof is necessary. When asserting joint ownership, the claimant must establish the presence of a nucleus or joint fund as the basis for such presumption. (!) (!) (!) (!) (!)

  10. The intention behind the acquisition or transfer of property is critical. Clear evidence of the owner’s intention to treat the property as self-acquired or joint family property must be established. Acts done out of kindness or generosity do not constitute an abandonment of separate rights. (!) (!) (!)

  11. After a lawful partition, the properties allotted to each member become their self-acquired properties, and subsequent dealings with these properties are governed by their individual rights, unless clear evidence suggests otherwise. (!) (!)

  12. The burden of proof and the nature of evidence required are strict: proof of joint funds, nucleus, or intention must be established as a matter of fact, not inferred from probabilities or acts of kindness. (!) (!) (!) (!)

These points encapsulate the legal principles and findings relevant to property law, partition, and inheritance as discussed in the document.


JUDGMENT :

R. MAHADEVAN, J.

1. Leave granted.

2. The appellant is the purchaser of a property bearing Sy. No. 93 measuring 7 acres 20 guntas situated at Mahadevapura Village, Parashurampura Hobli, Challakere Taluk1 [For short "the suit property"] He has come up with the present appeal against the judgment and order dated 12.08.2021 passed by the High Court of Karnataka at Bengaluru2 [Hereinafter referred to as "the High Court"] in Regular Second Appeal No. 1417 of 2006. By the impugned order, the High Court allowed the Regular Second Appeal thereby setting aside the judgment and decree dated 21.02.2006 passed by the Civil Judge (Senior Division), Challakere3 [Hereinafter referred to as “the First Appellate Court”] in Regular Appeal No. 291 of 2002 and affirming the judgment and decree dated 21.12.2001 passed by the Civil Judge (Junior Division) and Judicial Magistrate First Class, Challakere4 [Hereinafter referred to as “the trial Court”] in O.S. No. 169 of 1994.

3. The appellant herein is Defendant No. 2 and the Respondent Nos. 1 to 4, who are the sons and daughters of Defendant No. 1 (C. Jayaramappa), are the plaintiffs. For the sake of convenience, the parties are referred to as per

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Judicial Analysis

None of the cases explicitly indicate that they have been overruled, reversed, or treated as bad law based solely on the language provided. There are no phrases such as "overruled," "reversed," "criticized," or "disapproved" that suggest these cases have been invalidated or rejected in subsequent judgments. Therefore, based on the given data, no case law is identified as bad law.

1. Cases Affirming or Clarifying Legal Principles:

Murugan VS Kesava Gounder (Dead) Thr. LRs - 2019 2 Supreme 745: Clarifies the nature of voidable vs. void sale deeds and their treatment under the law. No indication of subsequent reversal or criticism.

Kshitish Chandra Purkait VS Santosh Kumar Purkait - 1997 5 Supreme 22: States that only substantial questions of law can be raised at the second appeal stage. This is a procedural clarification, not challenged or overruled.

Govindbhai Chhotabhai Patel VS Patel Ramanbhai Mathurbhai - 2019 0 Supreme(SC) 1065: Discusses the burden of proof in challenging deeds; standard legal principle, not contested.

Rohit Chauhan VS Surinder Singh - 2013 5 Supreme 666: Explains coparcenary property and the powers of a father as Karta. No indication of subsequent negative treatment.

Chandrabhan (Deceased) Through Lrs. VS Saraswati - 2022 8 Supreme 752: Explains the scope of second appeal under Section 100 CPC, emphasizing the need for substantial questions of law.

Jaichand (Dead) Through Lrs VS Sahnulal - 2025 2 Supreme 675: States that second appellate courts cannot interfere with findings of fact, reaffirming established appellate principles.

SHYAM NARAYAN PRASAD VS KRISHNA PRASAD - 2018 6 Supreme 476: Addresses admissibility of registered documents and the scope of evidence, reaffirming legal standards.

Lakkueddi Chinna Venkata Reddi VS Lakkueddi Lakshmama - 1963 0 Supreme(SC) 61: Clarifies that a suit for partition by a minor does not abate on death, emphasizing procedural continuity.

Hero Vinoth (Minor) VS Seshammal - 2006 4 Supreme 131: Explains easements by grant, reaffirming established principles.

Kondiba Dagadu Kadam VS Savitribai Sopan Gujar - 1999 4 Supreme 108: Emphasizes strict fulfillment of conditions for second appeals, reaffirming procedural rules.

C. N. Arunachala Mudaliar VS C. A. Murugatha Mudallar - 1953 0 Supreme(SC) 93: Details the powers of a Mitakshara father regarding self-acquired property, reaffirming legal principles.

Navaneethammal VS Arjunachetty - 1996 7 Supreme 136: Reiterates the need to avoid unwarranted interference with findings of fact under Section 100 CPC.

Dnyanobabhaurao Shemade VS Maroti Bhaurao Marnor - 1999 1 Supreme 316: Discusses procedural requirements for framing substantial questions of law in second appeals, reaffirming established procedure.

2. Cases Regarding Procedure, Evidence, and Miscellaneous Legal Principles:

SHYAM NARAYAN PRASAD VS KRISHNA PRASAD - 2018 6 Supreme 476, Lakkueddi Chinna Venkata Reddi VS Lakkueddi Lakshmama - 1963 0 Supreme(SC) 61, Hero Vinoth (Minor) VS Seshammal - 2006 4 Supreme 131, Kondiba Dagadu Kadam VS Savitribai Sopan Gujar - 1999 4 Supreme 108, C. N. Arunachala Mudaliar VS C. A. Murugatha Mudallar - 1953 0 Supreme(SC) 93, Navaneethammal VS Arjunachetty - 1996 7 Supreme 136, Dnyanobabhaurao Shemade VS Maroti Bhaurao Marnor - 1999 1 Supreme 316: These cases serve to clarify or reaffirm procedural and substantive legal principles without indications of subsequent criticism or overruling.

**Summary:** All cases appear to be authoritative statements of law or procedural clarifications with no evidence of being overruled, reversed, or criticized in the provided data.

None of the cases explicitly indicate treatment as overruled or bad law; however, the absence of such treatment in the provided data does not preclude their being overruled or criticized in other contexts not captured here. Based solely on the provided information, treatment remains neutral or affirmatory.

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