The substantial questions of law formulated and to be answered in the second appeal preferred by defendant No. 2 & 3 are as under :

'1. Whether in the absence of proof of Will the property could be held to of the exclusive ownership of plaintiffs 1 to 3?

2. Whether in view of the fact that property was joint Hindu Family Property, provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 are attracted?'

2. The imperative facts required for determination of above-stated substantial questions of law are as under :

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court]

3. The plaintiffs/respondent Nos. 1 to 3 filed a suit for the declaration that sale deed dated 21-1-1975 executed by defendant No. 1 in favour of defendant No. 2-Radhe Shyam, and the sale deed dated 22-2-1979 executed by defendant No. 2 in favour of defendant No. 3 is null and void as the defendant No. 1 has sold the suit property without legal necessity, and prayed for declaration that sale-deeds are null and void and plaintiffs are entitled for decree for possession of subject suit land.

4. The defendant Nos. 2 & 3 f