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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ROHIT W.JOSHI
Arun s/o Narayanrao Kale – Appellant
Versus
Sau. Meena w/o Kishore Maliye – Respondent
JUDGMENT :
ROHIT W. JOSHI, J.
1. These four second appeals are pertaining to the same property and same parties. They involve common dispute and are therefore being decided by common judgment. Second Appeals arise out of two different suits being Regular Civil Suit No.15/2012 (Old Special Civil Suit No.11/2008) and Regular Civil Suit No.39/2007.
2. The appellants in Second Appeal Nos.148/2024 and 156/2024 had filed Regular Civil Suit No.39/2007 inter alia seeking decree of perpetual injunction restraining the defendant No.1 from selling the suit property to the defendant No.2 in the said suit. The plaintiffs in the said suit are wife and children of defendant No.1. It is their case that the suit property which is an agricultural land bearing Gat No.138 of village Shivar, Tahsil Daryapur, District Amravati admeasuring 1.70 HR is Joint Family property of plaintiffs and defendant No.1 in the said suit and that the defendant No.1 had intention to sell the suit property to the defendant No.2 in order to satisfy his vices. It is stated that the defendant No.1 was addicted to liquor and was intending to sell the suit property to the defendant No.2 in order to meet expenses for the same.
3. Th
Property inherited post-partition is categorized as separate property under Hindu law, thus allowing the vendor exclusive rights to sell without objections from the objectors.
Property inherited after the Hindu Succession Act is treated as separate property, affirming a vendor's absolute right to sell without objections from family members.
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....
The burden of proof lies on the party alleging ancestral or joint property, and without evidence to support the claim, the Courts may reject the suit.
Pre-emption rights under Section 22 of the Hindu Succession Act cannot be invoked by non-Class I heirs after property partition and are valid until declared otherwise by a competent court.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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