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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.SANDESH, J
Kurshid Unnisa @ Khrushid Begum D/o Abdul Azeez – Appellant
Versus
Mohammed Fazil @ Farusabi S/o Sheik Fakruddin Sab – Respondent
JUDGMENT :
H.P. SANDESH, J.
1. This matter is listed for admission. Heard the learned counsel for the appellants.
2. The appellants’ counsel submits that the suit is filed for the relief of declaration to declare that the plaintiffs are the absolute owners of the ‘A’ schedule property and also to declare that sale deed dated 02.06.2005 executed by defendant Nos.1 to 6 in favour of defendant No.7 is illegal, void and not binding upon the plaintiffs and also to declare that registered gift deed dated 09.12.2011 executed by defendant No.1 in favour of defendant No.2 is not binding upon the plaintiffs and also sought for the decree of possession of ‘B’ schedule property and claimed the permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule ‘B’ and ‘C’ properties.
3. The case of the plaintiffs in brief that father of plaintiffs, namely Abdul Azeez, was the youngest son of Tavakal Sabi had 3 sons namely Jahangeer Sab, Sheikh Fakruddin and Abdul Azeez. It is averred that Tavakal Sabi died leaving behind certain immovable properties and his three sons entered into partition dividing the properties by virtue of registered pa
Ownership claims under Mohammedan law require joint consent among heirs for property transactions, upheld by courts in assessing the validity of alleged fraudulent transfers.
Title claims require appropriate documentation; failure to prove ownership and non-joinder of necessary parties renders suit invalid.
The burden of proof lies with plaintiffs to demonstrate ownership rights, and valid alienation of property by family members for legal necessity cannot be contested without sufficient evidence.
The burden of proof lies on plaintiffs to establish their claims of joint ownership in partition suits, failing which the trial court's findings stand affirmed.
Failure to challenge a sale deed standing in the name of a defendant may render a suit claim for partition not maintainable.
The court upheld the trial court's rejection of interim applications while allowing one to prevent property alienation, emphasizing the need for a full trial to resolve ownership disputes.
The court reaffirmed that a sale deed executed for family and legal necessity by a joint family member is binding, barring challenge by family members after significant delay without sufficient cause....
Equal birth rights of daughters in ancestral properties and the burden of proving legal necessity for property transactions.
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
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