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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K
Padmavathi, W/o Late N Vasanthakumar – Appellant
Versus
M Mahadev, S/o Late Mayanna – Respondent
JUDGMENT :
RAJESH RAI K, J.
1. This is plaintiffs' second appeal.
2. It is the case of the plaintiffs that the suit schedule properties are the ancestral properties which were granted to one Mayanna who was the father of defendant No.1 and the grandfather of the plaintiffs and defendant Nos.3 and 4. The said Mayanna died intestate and subsequently, his wife also died.
3. Further, the case of the plaintiffs is that defendant Nos.1 and 2, who are the parents of plaintiffs and defendant Nos.3 and 4, though were in joint possession and enjoyment of the suit schedule properties under the joint family status, have sold several properties in favour of defendant Nos.5, 6, 7 and 8 by executing the Sale Deed in their favour and the said Sale Deeds were not executed for the benefit and welfare of the joint family. Thus, the said Sale Deeds were not binding on the plaintiffs and no legal rights, title and interest of the plaintiffs could be defeated by defendant Nos.1 and 2, as the said sale deeds are illegal and void under law.
4. Further, defendant Nos.3 and 4 filed partition suit after knowing the alleged transactions by defendant Nos. 1 and 2 in O.S.No.46/1997 and the said suit was compromised
The provisions of Section 6 of the Hindu Succession Act do not invalidate prior registered Sale Deeds, and delay in filing appeals must be substantiated by sufficient cause.
Property claims arising from sale deeds prior to 2005 are barred by limitation if not contested within statutory periods, affecting entitlement to ancestral property rights.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The court held that plaintiffs, being aware of a prior family sale, cannot invalidate it after a significant delay, as they lack standing to seek partition in this context.
The validity of a sale deed executed by a Hindu Undivided Family member is upheld when legal necessity is demonstrated, despite claims of ancestral rights by co-parceners.
Point of law: A reading of the said provision makes it amply clear that the said provision comes into play only when an outsider, who is not a member of the family, acquires a share in a property and....
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