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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Thangavelu – Appellant
Versus
Kandaswami Gounder, S/o Chinna Gounder – Respondent
| Table of Content |
|---|
| 1. partition and possession claims (Para 2 , 3 , 4) |
| 2. defendant allegations and defense (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. appeals and decisions (Para 14 , 18) |
| 4. substantial questions of law in appeals (Para 19 , 20 , 21) |
| 5. burden of proof in property sales (Para 23 , 24 , 25) |
| 6. legal necessity and proof (Para 29 , 30 , 31) |
| 7. insufficiency of pleadings as evidence (Para 39 , 40) |
| 8. conclusion and recent judgments (Para 47 , 48) |
ORDER :
The plaintiff appeals. For the sake of convenience, the parties shall be referred as per their ranks in the suit.
“a)directing the division of Schedule II and IV and 3/4th share in Schedule III into 3 equal shares and put the plaintiff in possession of one such a share;
c)to appoint a commissioner to divide the properties.”
4.On account of the misunderstanding that arose between the daughter in law (wife of the plaintiff) and the first defendant, the first defendant alienated the suit second schedule property in favour of the fourth defendant on 01.08.1977. The plaintiff pleaded that the sale is, sham and nominal, brought about to defeat the interest of the plaintiff. He urged that the family had sufficient income and it was from that income,
The Kartha of a joint family must prove legal necessity for alienation of family property; failure to demonstrate necessity invalidates alienation for coparceners' shares.
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....
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.
A member of an Aliyasantana family has a pre-existing right to seek partition of family property without needing to cancel a sale deed executed by another family member, provided the alienation was n....
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....
The burden of proof lies with plaintiffs to demonstrate ownership rights, and valid alienation of property by family members for legal necessity cannot be contested without sufficient evidence.
The purchaser must prove the legal necessity for the transaction, and it is not necessary for the purchaser to show that every bit of the consideration was actually applied for meeting the family nec....
The main legal point established in the judgment is the binding nature of a sale deed executed by the family manager, the entitlement of daughters to ancestral property under the Amended Hindu Succes....
The Karta of a Hindu joint family can alienate joint family property for legal necessity or benefit of the estate, and such alienation is binding on minor coparceners if proven necessary.
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