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BANDARU SYAMSUNDER
Poreddy Janardhana Reddy – Appellant
Versus
Gandluru Usha Sree – Respondent
JUDGMENT :
Bandaru Syamsunder, J.
The plaintiffs in OS.No.87 of 2010 on the file of Senior Civil Judge’s Court, Gooty are the appellants. The respondent is the defendant in the suit. Originally, the suit was instituted by the appellants against the respondent to declare original of Ex.A2/registered Gift Deed, dated 13.03.2006 executed by their father in favour of the respondent in respect of suit schedule property as null and void, and to cancel the said Gift Deed.
2. The appellants and the respondent hereinafter referred to as plaintiffs and defendant as arrayed before the trial Court.
3. The plaintiffs instituted the suit against the defendant, stating that the plaint schedule property is joint family property of themselves and their father late Mr.P.Balarami Reddy. The said property is open site situated at Tadipatri town. It is the contention of the plaintiff that themselves and their father were coparceners of Hindu Joint Family and each of them are having equal rights over suit schedule property. It is also the contention of the plaintiffs that their father had purchased the plaint schedule property with joint family funds in an auction, sale held by the Co-operative Department i
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
A Kartha of a Hindu joint family cannot gift joint family property without the consent of other coparceners, as such gifts are void.
The validity of a gift of ancestral property under Mitakshara Hindu Law can be voidable if made without consent from all coparceners, and challenges to such gifts may be barred by limitation.
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(1) Alienation of joint family property – Where alienation is not made with consent of all coparceners, it is voidable at instance of coparceners whose consent has not been obtained.(2) A deed of gif....
A managing member of a Hindu undivided family may validly gift joint property for charitable purposes without the consent of other coparceners, provided the purpose aligns with the definition of piou....
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
A gift deed of undivided interest in joint family property is void without consent of other coparceners, establishing the necessity for immediate possession for validity.
A coparcener cannot execute a settlement deed favoring non-coparceners without consent, rendering it void; however, a sale executed by the Kartha for family necessity is valid and binding on minor co....
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
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