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SANJAY VASHISTH
Hitender – Appellant
Versus
Kamlesh Rani – Respondent
| Table of Content |
|---|
| 1. challenge to sale-deed as joint hindu family property. (Para 2 , 3) |
| 2. lack of evidence for possession and familial ownership. (Para 4 , 5) |
| 3. affirmation of lower courts' conclusions on self-acquired property. (Para 6 , 7) |
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
CM-3140-C-2020
This is an application filed under Order 22, Rule 4 read with section 151 CPC and under Rule-1, Chapter 1-C, volume 5 of HIGH COURT RULES & Orders, for seeking leave to implead the LRs of respondent No.2 - Mahavir Parsad.
In view of the averments made in the application, which is supported by an affidavit of appellant, prayer made in the application is allowed. Resultantly, legal representatives of defendant No.2, as detailed in para No.3 of the application are hereby impleaded as LRs/respondents in the present appeal.
CM stands disposed of.
RSA-961-2020 (O&M)
By way of present Regular Second Appeal (RSA), against the concurrent finding of facts given by both the Courts below, plaintiff - Hitender (appellant herein), submits that the Courts below have not taken note of the fact that sufficient evidence is available on record to hold the fact that appellant (plaintiff) is in possession of the h
A purchaser of a coparcener's undivided interest in joint family property is not entitled to exclusive possession and can only seek partition; the court must maintain the status quo to prevent irrepa....
The ancestral status of property must be established through clear evidence, not presumptions; a Karta cannot alienate property without legal necessity.
A plaintiff must provide sufficient evidence to establish joint family ownership in partition cases; lack of such evidence leads to dismissal of claims.
Joint family property laws establish that stranger purchasers cannot claim joint possession without acting on a valid legal foundation.
A claim of partition in Hindu joint family property must be substantiated with credible evidence; conjecture does not suffice.
Property inherited after the Hindu Succession Act is treated as separate property, affirming a vendor's absolute right to sell without objections from family members.
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