Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Shantilata Mohanty – Appellant
Versus
Sohum World Foundation Trust – Respondent
Judgment :
A.C. Behera, J.
This Second Appeal has been preferred against the reversing judgment.
2. The Appellants in this Second Appeal were the Plaintiff Nos.1 to 8 and Defendant No.1 before the learned Trial Court in the suit vide C.S. No.1107 of 2009 and Respondents before the learned 1st Appellate Court in the first appeal vide R.F.A. No.26 of 2011.
The Respondents in this 2nd Appeal were the Defendant Nos.2 and 3 before the learned Trial Court in the suit vide C.S. No.1107 of 2009 and Appellants before the learned 1st Appellate Court in the 1st appeal vide R.F.A. No.26 of 2011.
3. The suit of the Plaintiffs (Appellants Nos.1 to 8 in this 2nd Appeal) vide C.S. No.1107 of 2009 was a suit for partition.
4. The properties described in the Schedule-A of the plaint i.e. Plot No.177-Ac.0.985 decimals and Plot No.178-Ac.0.285 decimals, in total Ac.1.270 decimals under Khata No.246/8 in Mouza Binjhagiri under Chandaka P.S. in the District of Khurda are the suit properties for partition.
5. According to the Plaintiffs (Appellant Nos.1 to 8 in this 2nd appeal), they are Hindus and they are guided and governed by Mitakshara School of Hindu Law.
The genealogy of the Plaintiffs and Defendant No.1
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.
Widow's remarriage does not strip her of inheritance rights, and married daughters have equal entitlement to family property under the amended Hindu Succession Act.
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The sale deed executed without legal necessity and consideration does not bind the joint family properties, affirming the plaintiffs' entitlement to a share.
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.
A plaintiff must prove interest in joint family property to maintain a partition suit; failure to do so results in dismissal.
Properties claimed as self-acquired were determined to be ancestral; the appeal for partition was dismissed due to lack of joint possession evidence and non-joinder of necessary parties, also barred ....
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
