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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Pritilekha Nayek – Appellant
Versus
Gobinda Biswas – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. Judgment and decree dated 21st September, 2016 passed by the learned Civil Judge, Senior Division, 1st Court at Krishnagar, Nadia in Title Suit No. 112 of 2012, whereby the suit was decreed in preliminary form declaring the shares of the parties to the suit in respect of the properties delineated in Schedule –‘B’ appended to the plaint, are under challenge in the present appeal.
2. One Gobinda Biswas (in short, Gobinda) filed one suit for declaration with an alternative prayer for partition which was registered as Title Suit No. 112 of 2012. Facts spelt out in the plaint, which are germane, are as follows:
ii) Ashok sold
Bona fide purchasers must act in good faith and with reasonable inquiry to gain protection under ownership claims; mere ignorance of actual ownership is not sufficient.
An alienation of joint family property by the Karta is void ab initio in absence of legal necessity, necessitating partition among all co-sharers.
The sale of a co-owner's undivided interest is valid, but a sale deed executed without legal necessity or co-owner consent is void.
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....
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 ruled that disputed gift deeds require credible evidence for enforcement; joint property claims must prioritize actual possession and entitlement over mere assertions of gift.
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