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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Deepika Rani – Appellant
Versus
Vinay Bansal – Respondent
| Table of Content |
|---|
| 1. fraudulent execution of gift deed (Para 2 , 3 , 4 , 5 , 6 , 9 , 10 , 12 , 13) |
| 2. arguments over ownership rights (Para 15 , 19 , 21) |
| 3. trial court’s erroneous findings (Para 17 , 18 , 22 , 36) |
| 4. rights conferred by hindu succession act (Para 25 , 28 , 29 , 31 , 34) |
| 5. appeal allowed; trial court ruling reversed (Para 38 , 39 , 40 , 41) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant first appeal under Section 96 C.P.C. has been preferred by the plaintiff-appellant against the impugned judgment and decree dated 29.11.2016 passed by the Court of Ist Additional Civil Judge (Senior Division), Hapur in O.S. No. 155 of 2016, Km. Deepika Rani vs. Vinay Bansal , whereby her declaratory suit for declaring that the alleged registered gift deed dated 03.09.2016, which was fraudulently got executed from her by the defendant, be declared null and void and also for restraining the defendant by a decree of permanent injunction from alienating the disputed property of the above gift deed and for interfering in her peaceful possession of the disputed property, has been rejected on an application under Order 7 Rule 11 C.P.C. of the defendant.
2. Factual matrix is that the plaintiff-appellan
The amended Hindu Succession Act confers equal rights to daughters, allowing them to inherit property regardless of their father's status at the time of the amendment.
Devolution of interest in coparcenary property – Daughter of a coparcener shall have same rights in coparcenary property as she would have had if she had been a son.
Prohibition or bar contained in proviso to Section 34 of 1963 Act determines maintainability of a suit and that issue has to be tested on basis plaint is framed.
A Kartha of a Hindu joint family cannot gift joint family property without the consent of other coparceners, as such gifts are void.
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Children from void marriages cannot inherit ancestral property; their rights are confined to their parent's property, consistent with Hindu Succession Act amendments.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
The court affirmed daughters' coparcener rights under the Hindu Succession Act, emphasizing that prior sales cannot negate their claims to jointly inherited property.
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