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MANGESH S. PATIL
Rambhau S/o Gopinath Lokhande – Appellant
Versus
Shila W/o Satish Surwase – Respondent
JUDGMENT
MANGESH S.PATIL,J.
1. I have heard both the sides at the stage of admission and perused the papers including the written notes of arguments tendered by the learned advocate Mrs. Kulkarni for the appellants.
2. In spite of the mandate of Sec. 100 of the Code of Civil Procedure the appeal memo does not contain specific substantial questions of law calling upon this Court to respond to. Perhaps realizing this irregularity, Mrs. Kulkarni in her written notes of argument has provided following substantial questions of law :
"i) In the absence of prayer for setting aside sale deeds is the suit maintainable ?
ii) The learned Judge granted 1/6th share to plaintiff by applying provisions of Amended Act which came into force on 9/9/2005 can provisions of Amended Act are applicable to the present case ?
iii) During the lifetime of parents can plaintiff being daughter has birth right to claim partition married long back ?
iv) Can alienation be quashed by plaintiff under Amended Act and can daughter claim share in alienated property which took place prior to effect of Amended Act ? "
Apart from such substantial questions deviced by Mrs. Kulkarni, having considered the facts and circumst
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....
Pre-amendment alienations under Hindu Succession (Amendment) Act, 2005 are binding and lawful if conducted for family necessity, regardless of current contestations.
In joint family property disputes, a guardian may transact on behalf of minors without court sanction, provided sales serve family interests.
The main legal point established in the judgment is the binding nature of a sale deed executed by the family manager, the entitlement of daughters to ancestral property under the Amended Hindu Succes....
The main legal point established in the judgment is the entitlement of daughters to claim coparcenary rights under the Mitakshara law and the Hindu Succession Act, 1956.
The court established that a sale of ancestral property requires clear evidence of family necessity to be binding on co-owners, and the limitation period for challenging such sales is twelve years un....
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