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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Chaturbhuja Nayak (dead) – Appellant
Versus
Dwijabar Seth – Respondent
| Table of Content |
|---|
| 1. application of hindu succession act principles. (Para 1 , 2 , 3 , 4) |
| 2. procedural background of appeals. (Para 5 , 6 , 8 , 9) |
| 3. findings on the validity of the sale deeds. (Para 7 , 12 , 13 , 16 , 24) |
| 4. limitations of pre-emption rights. (Para 14 , 15 , 17) |
| 5. consequences of voidable deeds. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. final dismissal of the appeal. (Para 25 , 26) |
JUDGMENT :
1. This Second Appeal has been preferred against the confirming judgment.
The respondents of this 2nd Appeal were the defendants before the Trial Court in the suit vide O.S. No.10 of 1984-I and they were the respondents before the 1st Appellate Court in the 1st appeal vide T.A. No.131 of 1989.
According to the plaintiffs, they (parties to the suit) are all Hindus and they are guided and governed by Mitakshara School of Hindu Law. They (plaintiffs) and the defendant No.2 are the members of one family. The suit properties are their ancestral properties. Their common ancestor was Jogendra Nayak. The said Jogendra Nayak had three sons i.e. Chaturbhuja Nayak (plaintiff No.1), Sashidhar Naik (plaintiff No.2) and Rajib Naik (husband of the defendant No.2). The husband of the defendant No.2 i.e.
Pre-emption rights under Section 22 of the Hindu Succession Act cannot be invoked by non-Class I heirs after property partition and are valid until declared otherwise by a competent court.
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
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.
A non-party to a sale deed lacks the standing to challenge it based on non-passing of consideration or legal necessity, as established by precedents.
A co-owner can validly sell their share in joint properties, and the sale deed cannot be declared void if it is within the extent of the seller's interest.
Joint ownership claims persist until partition; rights in a partition suit are not bound by limitation, and the burden to prove legal necessity for property transfer lies with the transferee.
The right of pre-emption under Section 22 of the Hindu Succession Act applies even post-transfer if co-heirs were not notified, reinforcing the protection of joint family property.
The sale deed executed without legal necessity and consideration does not bind the joint family properties, affirming the plaintiffs' entitlement to a share.
A claim of title through adverse possession is inadmissible when a claimant asserts title through inheritance over the same property, as these claims are mutually exclusive.
Property inherited post-partition is categorized as separate property under Hindu law, thus allowing the vendor exclusive rights to sell without objections from the objectors.
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