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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Jaswant Singh – Appellant
Versus
Baljit Kaur – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
1. This is plaintiff’s second appeal against the judgment and decree dated 25.04.2017 passed by the Court of Additional District Judge, Rupnagar, dismissing the appeal filed against the judgment and decree dated 30.01.2015 passed by the Court of Additional Civil Judge (Sr. Division), Rupnagar, vide which the suit for possession and permanent injunction filed by the plaintiff was dismissed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. The plaintiff (Jaswant Singh) instituted a suit for possession of the suit land (fully described in the plaint), claiming the same to be Joint Hindi Family Coparcenary Property. He laid challenge to the sale deed dated 26.05.2005 executed by defendant No.2 (Gurmukh Singh, father of the plaintiff) in favour of defendant No. 1 stating the same to have been executed without any legal necessity and consideration. The case set up was that the suit land was Joint Hindu Family Coparcenary Property, having been inherited from a common ancestor Talok Singh. As a result of the same, the plaintiff had an interest and share in the same by birth. It was averred that defendant N
The ancestral status of property must be established through clear evidence, not presumptions; a Karta cannot alienate property without legal necessity.
The karta of a Hindu Joint Family can validly alienate joint family property for legal necessity or benefit of the estate, binding all family members.
The central legal point established in the judgment is the devolution of ancestral property and inheritance rights under the Hindu Succession Act, 1956.
The court affirmed that ancestral property rights are inherent to all coparceners, and sales executed without consent are invalid.
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