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2023 Supreme(Online)(KER) 15461
HIGH COURT OF KERALA
P.SOMARAJAN, J
JAYAKRISHNAN M.S – Appellant
Versus
PAULI ALEXANDER – Respondent
FAO 16 2023
P.B.SUBRAMANYAN P.B.KRISHNAN SABU GEORGE M.J.SHINSA MOLE MANU VYASAN PETER ABRAHAM BABU KALLIVAYALIL, M.RETHEESHKUMAR
A life interest in property does not invalidate subsequent transfers or sales; such transfers are allowed but subject to the life interest.
Headnote:
Property - Sale Deed - Sections 10, 11 of the Transfer of Property Act - The court determined that the creation of a life interest does not render the property incapable of transfer, thus validating the sale deeds despite the life interest.
Fact of the Case:
The case involves the validity of two sale deeds executed by the first defendant in favor of the second and third defendants concerning a part of a larger property, with a life interest reserved for the plaintiff over a portion of it.
Finding of the Court:
The court concluded that the existence of a life interest does not invalidate subsequent transfers of property, and therefore, the plaintiff failed to establish a prima facie case for declaring the sale deeds void.
Issues: Whether the existence of a life interest prevents the transfer or alienation of property, thus affecting the validity of subsequent sale deeds.
Ratio Decidendi: The court ruled that a life interest does not render the property incapable of transfer and that such transfers remain valid subject to the life interest.
Final Decision: The appeal is allowed, and the trial court's interim injunction is set aside.
Based on the provided legal document, the key points are as follows:
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The case involves the validity of two sale deeds executed by the first defendant in favor of the second and third defendants concerning a portion of a larger property, with a life interest reserved for the plaintiff over part of it. (!)
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The court clarified that the creation of a life interest does not render the property incapable of transfer or sale. Such transfers are permissible but are subject to the existing life interest. (!)
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The court found that the existence of a life interest does not invalidate subsequent transfers or sales of the property. Therefore, the sale deeds in question are valid despite the life interest. (!)
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The plaintiff's claim to declare the sale deeds void was rejected because they failed to establish a prima facie case that the transfers were invalid. (!)
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The interim injunction granted by the trial court was set aside, and the appeal was allowed. The case was remitted for disposal within six months, with parties instructed to appear before the trial court on a specified date. (!)
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The judgment emphasizes that transfers or alienations of property are valid and effective unless explicitly restricted by law or specific contractual provisions, and a life interest alone does not prevent such transfers. (!)
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The appeal was decided in favor of the defendants, and no costs were awarded. (!)
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JUDGMENT
It is a case where the first defendant had executed a deed of sale – Ext.A8 in favour of the second defendant, who in turn executed another deed of transfer – Ext.A10 sale deed in favour of the third defendant with respect to a part of large extent of 33 cents. The abovesaid property is a part of large extent of 1 Acre 94.25 cents originally held by the grandfather of first defendant one Chokko. He was having two male children Alexander and Mathew. Under Ext.A1 settlement deed, he had given A schedule property to his son Mathew and B schedule to the other son Alexander. A life interest was reserved in favour of the wife of Alexander, the plaintiff herein over item No.9 of B schedule. The first defendant (one among the sons) thereafter sold pieces of land to third persons and the balance extent was only 33 cents. It is out of that 33 cents, he sold another 8 cents to second defendant, who in turn to third defendant under Exts.A8 and A10 sale deeds respectively. The prayer in the suit is to declare these two documents void. An interim injunction application was maintained against the purchasers not to trespass upon plaint A and B schedule properties and from making any construction thereof and from committing any mischief. The suit as framed for a declaration that the abovesaid two documents void, prima facie appears to be unsustainable. Merely because a life interest was created over the property would not make the property incapable of transfer or alienation. Any of such transfer or alienation would stand valid subject to the life interest reserved. As such, there is no prima facie case for the relief of declaring the abovesaid two documents void. Necessarily, no interim injunction can be granted, unless there is a prima facie debatable case. The interim injunction granted by the trial court will stand set aside and the appeal will stand allowed accordingly. The trial court shall dispose of the suit within six months untrammelled by any of the abovesaid observations. The parties shall appear before the trial court on 31.03.2023. Appeal is allowed accordingly. No costs.
