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A. C. BEHERA
Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode): Jhatu Swain (since dead through his LRs) – Appellant
Versus
Jogi Swain – Respondent
JUDGMENT
A.C. Behera, J.—This second appeal has been preferred against the confirming judgment.
2. The appellant in this 2nd appeal i.e. Jhatu Swain was the defendant No.1 before the Trial Court in the suit vide T.S. No.140 of 1988 and sole appellant before the 1st appellate Court in the 1st appeal vide T.A. No.58 of 1994.
After the death of the appellant Jhatu Swain during the pendency of this 2nd appeal, his legal heirs have been substituted as appellant Nos.1(a) to 1(d) in his place.
The respondent No.1 in this second appeal was the sole plaintiff in the suit vide T.S. No.140 of 1988 and respondent No.1 in the 1st appeal vide T.A. No.58 of 1994.
The respondent No.2 in this 2nd appeal was the defendant No.3 in the suit vide T.S. No.140 of 1988 and respondent No.3 in the 1st appeal vide T.A. No.58 of 1994.
3. The suit of the plaintiff (respondent No.1 in this second appeal, Jogi Swain) vide T.S. No.140 of 1988 before the Trial Court against the defendants (original appellant in this 2nd appeal i.e. Jhatu Swain and respondent No.2 along with one Chanchala Dei) was a suit for partition.
4. According to the plaintiff, the defendant Nos.1 & 3 are his brother and sister respectively. T
(1) Title – Mere recording of name in Record of Rights neither creates title nor extinguishes title in whose favour same is recorded.(2) Donee cannot get better title through gift, than his/her donor....
A managing member of a Hindu undivided family may validly gift joint property for charitable purposes without the consent of other coparceners, provided the purpose aligns with the definition of piou....
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.
In partition suits under the Hindu Succession Act, successors are entitled to equal shares regardless of prior unauthorized mutations in land records, affirming co-ownership rights.
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.
The omission of Section 23 of the Hindu Succession Act allows a married daughter to seek partition in joint family property, disregarding her marital status and absence of other daughters.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Pre-emption rights under Section 22 of the Hindu Succession Act cannot be invoked by non-Class I heirs after property partition and are valid until declared otherwise by a competent court.
The properties in question were determined to be ancestral, granting coparcenary rights to the daughter under the Hindu Succession (Amendment) Act, 2005.
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