| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 11 1961: ss.8 Maharashtra Agricultural Lands (Ceiling on Holdings) Act Ceiling limits 44B 10 21 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Matter Referred to Larger Bench |
| Headnote | Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: ss.8, 10, 11, 21, 44B – Ceiling limits – Partition Deed dated 31.01.1970 (duly registered on 1.07.1970) executed between appellant, his wife, minor son and three minor daughters in respect of agricultural land of HUF – On 19.11.1976, 59 acres and 35 guntas of land of appellant declared surplus by SDO – Appeal filed by appellant, his wife, minor son and elder daughter – Two other minor daughters did not appeal being satisfied with the order of SDO as no part of land that devolved upon them by means of partition deed was declared surplus – State filed cross objections challenging the exclusion of land of the two daughters but did not implead them – Appellate authority allowed the objections holding that the partition deed though before the cut off date was against the principles of Hindu Law to the extent that it gave share to minor daughters in ancestral land – Whether the partition deed registered prior to cut-off date of 26.09.1970 was against the principles of Hindu Law to the extent it gave a share to minor daughters in the land and on that basis, was partition deed of no effect in law – Held (per Sanjay Kishan Kaul, J.): The relevant date of 26.9.1970 and 2.10.1975 giving window of five years for the State to take action and prevent any dubious transaction during this period of time cannot be expanded to an unlimited prior period of time – In the instant case, the Partition Deed was registered prior to the cutoff date of 26.09.1970 – Execution of Partition Deed which has the effect of a gift would not nullify the effect of the deed as the provision made out for the daughters out of ancestral property would be in compliance of the pious obligation – Hindu Law provides for provision for marriage of unmarried daughter out of ancestral property – Therefore, view of SDO regarding exclusion of land of two elder daughters for determining surplus land was correct and is restored – (Per K.M. Joseph, J.): Collector, when in the course of inquiry under s.18 of the Act, has before it, materials to show that an ostensible transfer or a partition is nothing but a sham and a person or a member of the family continues to hold the land as on the commencement day, it would be well within his powers to act as per the mandate of the Act and include the land for the purpose of calculating the ceiling limit – Collector is endowed with the powers of the civil court in the matter of both summoning and enforcing attendance of any person – He has power also to compel production of any document – In a sham transaction, be it sale or partition, though it has all the trappings of a transfer or a partition and it may be registered as such, in effect, the transferor continues to be the owner – In the instant case, the father continued to be the owner of the land as title had not passed to the two daughters by a legally valid instrument – Even crop statement of relevant time also showed the cultivation by father alone or along with daughters – The Partition was unnatural for the reason that under the extant Hindu Law, daughters were not entitled to a share and women were not entitled to partition – Thus the Partition was indeed not only unnatural but it was not intended to have effect – The property continued with the father in which case it would be property held by him even on the commencement date rendering it liable to be included in the account of the family unit – Held: In view of difference of opinion, the matter placed before the Chief Justice of India for referring the matter to larger bench – Reference to larger bench. |
| Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
| Neutral Citation | 2019 INSC 976 |
| Petitioner | Vithaldas Jagannath Khatri (d) Through Shakuntala Alias Sushma & Ors. |
| Respondent | The State Of Maharashtra Revenue And Forest Department & Ors. |
| SCR | [2019] 11 S.C.R. 913 |
| Judgement Date | 2019-08-29 |
| Case Number | 6006 |
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