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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Saraswathi, W/o Ranganatha – Appellant
Versus
Shankramma, W/o Late Rangappa – Respondent
JUDGMENT :
V. SRISHANANDA, J.
Heard Sri. T.B. Sandesh, learned counsel for the appellants. None appears for the respondents.
2. The plaintiffs are the appellants, who were unsuccessful in getting the decree of partition and separate possession in respect of the immovable property bearing Sy.No.17/2, belonging to the joint family.
3. The brief facts in nutshell which are utmost necessary for disposal of the present appeal are as under:
A suit came to be filed for partition and separate possession of the following immovable property hereinafter referred as suit schedule property for convenience:
“Agricultural land bearing Sy.No.17/2 measuring 4 acres 24 guntas out of which kharab is 14 guntas and Hiduvali land measuring 4 acres 10 guntas, situated at Hanumanthpura Village, Nidige Hobli, Shivamogga Taluk, which is bounded by:
East : Sy.No.18/1, 2, 3
West : Tunga Channel
North : Sy.No.25 South: Road.”
3.1 According to the plaint averments, suit schedule property is the ancestral property and defendant No.1 being the mother of the plaintiff and defendant Nos.2 to 6, without any family necessity sold the property in favour of defendant No.8, S.R. Srinivasa, through a registered Sale Deed dated 16.
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 proving legal necessity for the alienation of ancestral property lies on the alienee, and the transaction must be for the family's benefit, binding all undivided family members.
A member of an Aliyasantana family has a pre-existing right to seek partition of family property without needing to cancel a sale deed executed by another family member, provided the alienation was n....
Sale of ancestral property is valid if executed for legal necessity, including debt repayment, especially when plaintiffs fail to prove ownership claims.
The Kartha of a joint family must prove legal necessity for alienation of family property; failure to demonstrate necessity invalidates alienation for coparceners' shares.
The legal principle established is that in cases involving the sale of joint family property, the burden of proving legal necessity lies with the purchaser only if the plaintiffs have properly pleade....
The main legal point established is the application of Sec. 41 of the Transfer of Property Act, the exclusion of contrary evidence, and the principles of Hindu Law regarding co-parcenary property and....
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....
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