Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Rahat Sayeed Khan – Appellant
Versus
Prakash I. Thakkar – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsels appearing on behalf of the parties.
2. This appeal has been filed by defendant nos. 6 and 7 of the suit against the judgment and decree dated 28.02.2023 (decree signed on 13.03.2023) passed by learned Civil Judge, Senior Division, Chandil in Title Suit No. 13 of 2014 whereby the suit has been decreed and the sale-deed executed by defendant no. 5 (the power of attorney holder of defendant nos. 1 to 4) in favour of the defendant nos. 6 and 7 has been set-aside.
Arguments on behalf of the Appellants
3. Learned counsel for the appellants has submitted that the core issue involved in this case is related to issue no. 4 as framed by the learned trial Court which is as under:
whether the plaintiffs are entitled for a decree declaring that the registered sale deed no. 687 dated 06.03.2012 executed by defendant no. 5 in favour of defendant nos. 6 and 7 is null and void and did not confer any right in favour of the defendants?
4. The learned counsel submits that the aforesaid issue has been decided by the learned trial Court vide paragraph 20 of the impugned judgment. He further submits that the learned trial Court has considered prim
A vendor must have the right to sell property for a sale deed to be valid; otherwise, it is considered null and void.
A document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
The court emphasized that evidence cannot be adduced contrary to the arguments in a written document and held that the relief of partition cannot be granted in the face of a document registered lawfu....
Partition decree upheld where plaintiffs prove descent via documents despite defendants' non-contesting written denial; additional evidence rejected at second appeal for unexplained prior omission, a....
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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 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.
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
