NDLI: Arshnoor Singh Vs. Harpal Kaur & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Succession under Mitakshara Law Power of Karta to sell coparcenary property Family Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Family Law – Succession under Mitakshara Law – Appellant is the great-grandson of one ‘LS’, who was the owner of large tracts of agricultural land – ‘LS’ passed away in 1951, and his entire property was inherited by his only son ‘IS’ – This property was partitioned between three sons of ‘IS’ – Present matter pertains to the property (‘suit property’) which came to the share of one of his sons viz. ‘DS’, father of the appellant – ‘DS’ had only one son, the Appellant, who was born to ‘DS’ through his 1st wife –’DS’ purportedly sold the entire suit property to Respondent No.1 vide two registered Sale Deeds dtd. 01.09.99 – Subsequently, ‘DS’ got married to Respondent No.1– Appellant filed suit against ‘DS’ and Respondent No.1, for declaration that the suit property was coparcenary property, and hence the two Sale Deeds in favour of Respondent No.1 were illegal, null and void – Suit decreed in favour of the appellant – Respondent No.1 along with the subsequent purchasers, Respondent Nos. 2 & 3 filed common appeal – Dismissed – Respondent Nos.1-3 filed second appeal – High Court allowed the appeal – Held: In the present case, the succession opened in 1951 on the death of ‘LS’, prior to the commencement of the 1956 Act – Nature of the property inherited by his son ‘IS’ was coparcenary – Under Mitakshara law, whenever a male ancestor inherits any property from any of his paternal ancestors upto three degrees above him, then his male legal heirs upto three degrees below him, would get an equal right as coparceners in that property – Even though ‘IS’ had effected partition of the coparcenary property amongst his sons in 1964, the nature of the property inherited by his sons would remain as coparcenary property qua their male descendants upto three degrees below them – Property allotted to ‘DS’ in partition continued to remain coparcenary property qua his son, the appellant– Appellant became coparcener in the suit property on his birth i.e. on 22.08.85 – Respondent No.1 failed to discharge the burden of proving that ‘DS’ had executed the two Sale Deeds in her favour out of legal necessity or for the benefit of the estate – In fact, as per record, the Sale Deeds were without any consideration whatsoever – Sale Deeds dtd. 01.09.99 cancelled as being illegal, null and void – Consequently, subsequent Sale Deed dtd. 30.10.07 executed by Respondent No.1 in favour of Respondent Nos.2 & 3 is hit by the doctrine of lis pendens – Judgment of the Single Judge, set aside – Hindu Succession Act, 1956 – Doctrine of lis pendens. Family Law – Power of Karta to sell coparcenary property – Held: Power of Karta to sell coparcenary property is subject to certain restrictions viz. the sale should be for legal necessity or for the benefit of the estate – Onus for establishing the existence of legal necessity is on the alienee.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 708
Petitioner	Arshnoor Singh
Respondent	Harpal Kaur & Ors.
SCR	[2019] S.C.R. 999
Judgement Date	2019-07-01
Case Number	5124

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