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High Court Of Madhya Pradesh
N. K. Jain
SARDAR FATEHSINGHRAO - Appellant
Versus
JIJABAI - Respondents
First Appeal 44 Of 1981
Decided On : 05/04/1999
HINDU LAW - JOINT FAMILY PROPERTY - PRESUMPTION - PROPERTY PURCHASED BY FEMALE MEMBER - NO PRESUMPTION OF JOINT FAMILY PROPERTY - BURDEN OF PROOF ON PARTY ASSERTING IT.
Fact of the Case:
Plaintiff claimed that two houses were HUF property of himself, his father, and mother. He alleged that his mother purchased the houses with money taken from her husband's house when she left him in 1912. The defendants, the mother's daughter and her sons, contended that the houses were the mother's self-acquired property and that the gift deeds executed by her in their favor were valid.
Finding of the Court:
The court found that the plaintiff failed to prove that the houses were purchased with HUF funds. It held that the mother had sufficient stridhan and other sources of income to purchase the houses and that there was no presumption that property purchased by a female member of a joint family is joint family property.
Issues: 1. Whether the two houses in dispute were purchased by the mother out of her HUF income or whether these were her self-acquired property. 2. Whether the gift deed executed by the mother in favor of her daughter was valid.
Ratio Decidendi: 1. There is no presumption that a joint family possesses joint property. The burden of proving that a particular item of property is joint property rests on the party asserting it. 2. A female member of a joint family can acquire self-acquired property, and there is no presumption that property purchased in her name is joint family property. The party pleading that such property is joint family property must adduce evidence that it was purchased from joint funds.
Final Decision: The court dismissed the plaintiff's suit, holding that the houses were the mother's self-acquired property and that the gift deed executed by her in favor of her daughter was valid.
( 1 ) THIS appeal under Section 96 of the Code of Civil Procedure filed by the unsuccessful plaintiff is directed against the judgment and decree dated 3. 12. 1980 passed by VIIth Additional District Judge, Indore, in civil Original Suit No. 7-A/77 dismissing plaintiff's suit for declaration and possession.
( 2 ) PLAINTIFF Sardar Fatehsinghrao, who has since died during the pendency of this appeal, brought suit against his sister Smt. Jijabai, who has also since died, and her two sons Jagdish chandra and Chandra Kant, the defendants/respondents Nos. 2 and 3. for declaration and possession in respect of two house Nos. 503, m. G. Road, Indore and 17/2, Snehlata Ganj, indore. Both these houses were purchased by late Smt. Leelabai, the mother of appellant/ plaintiff and defendant/respondent No, 1 on 17. 6. 1920 and 21. 4. 1943 respectively through registered sale deeds. Late Smt. Leelabai was daughter of Maharaja Shivajirao holkar, former ruler of erst-while Indore State. She was married to Kondajirao. However, relations between them became strained and smt. Leelabai started living separately from her husband since 1912. Late Kondejirao died in march, 1928, while Leelabai expired on 27. 12. 1971. Late plaintiff Fatehsinghrao and late defendant No. 1 Smt. Jijabai were their only heirs. Both Fatehsinghrao and Jijabai have died during the pendency of this appeal.
( 3 ) LATE Smt, Leelabai had on 26. 2. 1958 executed a registered gift deed of the suit houses in favour of her daughter Jijabai, who in turn on 26. 11. 1971 and 5. 2. 1974 gifted away the two houses to her sons Jagdish chandra and Chandra Kant, the defendant nos. 2 and 3 through registered gift deeds. All these gifts were accepted duly by the respective donees.
( 4 ) THE case of the plaintiff in short before the Trial Court was that both the suit houses were H. U. F. property of himself, his father Kondajirao and mother Smt. Leelabai. It is alleged that in the year 1912 when Leelabai left the house of her husband, she took away a huge sum of Rs. 24,499. 50 from the house and it was out of this amount that the house no. 503 of M. G. Road, Indore was purchased by her. The second house No. 17/2, Snehlata ganj, Indore, it is alleged, was purchased by leelabai from the incomes received by her from house No. 503 of M:g. Road, Indore. Both the houses were, therefore, coparcenery property of the plaintiff and his father late kondajirao and on death of Kondajirao in march, 1928. the plaintiff became sole owner of the houses being the sole surviving coparcener. The plaintiff thus, challenged validity of the gift deed dated 26. 2. 1958 which according to him was made by Leelabai without any right or interest in the suit property. According to the plaintiff, he is in possession of two rooms of house No. 17/2 Snehlata Ganj, indore. while possession of the remaining disputed property has been illegally taken by the defendants. He thus, claims reliefs of declaration and possession of the suit property as described in para No. 18 of the plaint.
( 5 ) THE suit was resisted by the defendants, who contended that the houses in question were purchased by late Smt. Leelabai out of her own incomes and with the help of her mother, who was Maharani of Indore State. The gift made by late Smt. Leelabai in favour of her daughter Jijabai and subsequent gifts by the latter in favour of her sons, the defendant nos. 2 and 3 are all valid and could not be challenged by the plaintiff. It was. further, contended that the defendants' even otherwise, have perfected their title to the suit property by adverse possession for more than 12 years preceding the filing of the suit and that the suit is barred by limitatipn.
( 6 ) THE Trial Court below after taking evidence of both the parties and on evaluation thereof concluded that the two houses were the self-acquired property of Smt. Leelabai. that plaintiff had no right or title in the property, that the gift deed dated 26. 2. 1958 executed by Leela
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