GAURI GODSE
Shantabai Ramchandra Pardhi – Appellant
Versus
Balu Bhoru Pardhi – Respondent
JUDGMENT :
GAURI GODSE, J.
1. This Second Appeal is preferred by the original plaintiffs to challenge the judgment and decree passed by the First Appellate Court. The trial court had decreed the suit granting one-fourth share jointly to the plaintiffs by declaring that the sale deed in favour of defendant no. 2 was not binding on the plaintiffs’ share. Defendants nos. 1, 2 and 3 were declared to have one-fourth share each in the suit property. The First Appellate Court partly allowed the first appeal preferred by defendant no. 2 and modified the trial court’s decree to the extent of the suit properties, which were the subject matter of the sale deed executed in favour of defendant no. 2.
2. Plaintiff no. 1 is defendant no. 1’s daughter-in-law, i.e. wife of defendant no. 1’s predeceased son (“Ramchandra”). Defendant nos. 2 and 3 are the other two sons of defendant no. 1. Plaintiff nos. 2 to 4 are children of plaintiff no. 1 and Ramchandra. The suit for partition and separate possession was filed with respect to Gat Nos. 304, 466, 313, 310, 302 and 467. Defendant no. 2 claims to have purchased four Gat numbers out of the suit properties, i.e. Gat No. 302, 304, 466 and 467. The suit was
The sale deed executed without legal necessity and consideration does not bind the joint family properties, affirming the plaintiffs' entitlement to a share.
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....
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....
Joint ownership claims persist until partition; rights in a partition suit are not bound by limitation, and the burden to prove legal necessity for property transfer lies with the transferee.
A co-owner can validly sell their share in joint properties, and the sale deed cannot be declared void if it is within the extent of the seller's interest.
The court upheld the presumption of joint family property, ruling that no valid partition had been established, thus entitling the plaintiffs to their shares.
Joint family property is presumed until proven otherwise; prior partition must be established by metes and bounds to be valid.
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
The sale deed executed by defendants in favor of the 4th defendant was invalid to the extent of the plaintiff's undivided share in the property.
The main legal point established in the judgment is the interpretation and application of Sec. 6 (1) and Sec. 8 of the Hindu Succession Act, 1956, and the proviso to Sec. 6 (1) saving dispositions an....
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