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MAHENDAR KUMAR GOYAL
Umesh Soni – Appellant
Versus
Kamla – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This civil second appeal is preferred by the unsuccessful plaintiff against the judgement and decree dated 6.12.2016 passed by the learned Additional District Judge No.1, Kota (for brevity-"the learned appellate court") in Civil Regular Appeal No.38/2006 whereby, while dismissing the appeal, the judgement and decree dated 26.7.2006 passed by the learned Additional Civil Judge (Senior Division) No.2, Kota (for brevity-"the learned trial court") dismissing the Civil Suit No.30/1998 filed for declaration and possession of the suit shop, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit against the respondents/defendants (for brevity-`the defendants') stating therein that in a joint hindu family property comprising of a house with three shops situated in Agrasen Bazar, Purani Dhan Mandi, Kota as described in para no.1 of the plaint, he acquired co-ownership along with his mother and two siblings after the death of his father in the year 1980. It was alleged that without any legal necessity or without seeking prior permission of the Court, his mother, the defendant no.3, sold a shop, a part of joint hindu family
The sale of minor's property was declared void as it lacked necessary court permission, violating the Hindu Minority and Guardianship Act provisions regarding the guardian's authority to alienate pro....
No court permission is required for a Karta to sell joint family property when such sale is established as for family necessity under Hindu law, even involving minor interests.
The burden of proving legal necessity for the alienation of ancestral property lies on the alienee, and the transaction must be for the family's benefit, binding all undivided family members.
Legal necessity must be proven to invalidate a sale deed executed for minors' benefit, with the burden of proof on defendants to contest authenticity.
The court upheld the validity of a sale-deed executed by a father to repay antecedent debt, affirming that minors are bound by such transactions when legal necessity is established.
It is now well settled principles in regard to powers under Section 100 of Code of Civil Procedure that when Courts below record its concurrent findings of facts based on appreciation of facts and ev....
(1) Right of a Karta to sell joint family property is well settled – Karta enjoys wide discretion with regard to existence of legal necessity and in what way such necessity can be fulfilled – Whether....
The burden of proof on the purchaser to establish legal necessity and benefit to the family influenced the court's decision in dismissing the suit.
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