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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
| Table of Content |
|---|
| 1. introduction of the appeals (Para 1 , 2 , 3 , 4 , 5) |
| 2. substantial questions of law identified (Para 6 , 14) |
| 3. background of the parties involved (Para 7 , 19) |
| 4. arguments regarding joint family status and release deed (Para 8 , 9 , 10) |
| 5. appellants' arguments presented (Para 15 , 17 , 18) |
| 6. court's observations on release deed and legal necessity (Para 20 , 21 , 22 , 24) |
| 7. nature of the release deed analyzed (Para 25 , 26 , 27 , 28) |
| 8. court concludes release as conveyance (Para 29 , 30 , 31 , 32) |
| 9. final determination on the nature of the transaction (Para 36 , 39) |
| 10. court dismisses the appeals (Para 50 , 52 , 53) |
| 11. father's ability to alienate, even for minors, upholds legal necessity. (Para 51) |
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, def
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.
![N. Kalavathy VS Sriramulu Naidu [deceased] - 2023 Supreme(Mad) 1817](https://supremetoday-s3.b-cdn.net/Madras_2.png)
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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