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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Most. Satwanti Devi, wife of Late Bahadur Tiwari – Appellant
Versus
Sushil Kumar Tiwari – Respondent
JUDGMENT :
(Anubha Rawat Choudhary, J.)
1. This second appeal has been filed challenging the judgment dated 25.05.2019 (decree signed on 03.06.2019) passed by the learned District Judge VI, Palamau at Daltonganj in Title Appeal No. 25 of 2010 whereby the learned appellate court has dismissed the appeal and confirmed the judgment dated 19.04.2010 (decree signed on 06.05.2010) passed by the learned Sub-Judge No. II, Palamau at Daltonganj in T.S. No. 136 of 2002. The appellants are the plaintiffs in the suit.
2. The suit was filed for declaration of sale deed No. 9356 dated 18.10.2002 executed by Sarwan Tiwary father of the plaintiffs in favour of defendant No. 1 Smt. Shanti Devi as void-ab-initio and further that the plaintiffs have got right to get such a declaration as the sale deed is voidable and the suit property was the coparcenary property.
3. The learned counsel for the appellants has submitted that no consideration amount was paid to the father of the plaintiffs who had executed the sale-deed dated 18.10.2002 in favour of the defendant No. 1. He has also submitted that the father of the plaintiffs, though was alive at the time of filing the suit, but was not made party as he was
Sale deeds executed by a senior family member are valid if conducted for legal necessity and with mental competency, reinforcing the rights of the karta under coparcenary property law.
Legal necessity must be proven to invalidate a sale deed executed for minors' benefit, with the burden of proof on defendants to contest authenticity.
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.
(1) Sale of an immovable property has to be for a price – Price may be payable in future – It may be partly paid and remaining part can be made payable in future.(2) A document which is void need not....
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
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....
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