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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Anant Ramanath Hegde
N.Chandrappa @ Chandrappa Reddy, S/O Late K Narayanaa Reddy – Appellant
Versus
T Venkataswamy Reddy, Since Dead By His Lrs – Respondent
ORDER :
Anant Ramanath Hegde, J.
RSA No.2103/2007 is filed against the judgment and decree in O.S.No.1/1987 on the file of the Principal Civil Judge, Bangalore and the judgment and decree in R.A.No.6/1993 on the file of Fast Track -II, Bangalore Rural District, Bangalore.
2. The said suit is one for bare injunction in respect of the properties bearing Sy.Nos.165/2 and 197 of Madiwala village, Taluk:Anekal. Suit is decreed. Defendants' First Appeal is dismissed. Hence, defendants are before this Court in this RSA No.2103/2007.
3. RSA No.2109/2007 is filed against the judgment and decree passed in O.S.No.40/1981 on the file of Principal Civil Judge, Bangalore and judgment and decree passed in R.A.No.5/1993 on the file of Fast Track Court - II, Bangalore Rural District, Bangalore.
4. The said suit is for declaration and partition. The plaintiffs sought a declaration that they are entitled to half share and prayed for partition and separate possession of half share. The said suit is dismissed and First Appeal filed by the plaintiffs is also dismissed. Hence, the present RSA No.2109/2007.
5. Both suits were clubbed together and disposed by a common judgment and both appeals before First Appel
The court affirmed that a registered release deed executed by a father in favor of another coparcener is a valid conveyance for consideration, despite claims of fraud and joint family status.
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Release deeds executed by a member of a Hindu Undivided Family cannot create new rights for one member over others and must be treated as conveyances subject to stamp duty.
The court clarified the distinction between 'Release' and 'Conveyance', emphasizing existing rights in property under the Indian Stamp Act and the Hindu Succession Act.
(1) Karta may alienate joint family property for value, either for legal necessity or for benefit of estate, to bind interests of all undivided members of family, whether they are adults or minors or....
Option of seeking for setting aside the sale rests with the plaintiff and it is not mandatory for the plaintiff to seek for setting aside the sale.
A coparcener's relinquishment of interest in joint family property benefits all members of the coparcenary.
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