| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Hindu undivided family Hindu Law Property rights |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Hindu Law: Property rights – Dispute related to the two properties ‘M’ and ‘B’ situated in the village of Bainguinim in Goa – Suriaji and Gones were brothers – The properties in dispute originally belonged to their grandfather – Plaintiffs-appellants are heirs and successors in interest of Gones – By the Gift Deed of 1913, the grandfather of Suriaji and Gones had gifted one-half right in property ‘M’ to both Suriaji and Gones – The other half share in property ‘M’ and the whole of property ‘B’ vested with the aunt (father’s sister) of Suriaji and Gones – It was in 1915 that the aunt executed sale deed conveying the rights to Suriaji and to the other branch, viz., Vitol – A deed of dissolution of accounts, payments and obligation was executed on 21.01.1919 in which Suriaji and Gones appeared as parties on the one side represent- ing the Venctexa branch and other branch of Vitol came to be rep- resented by his wife along with her four sons – In deed dated 21.01.1919, Suriaji admitted that the purchase of one-fourth in the property of ‘M’ and half of property ‘B’ by sale deed dated 17.11.1915 was for self and for his brother Gones who paid half the price – Suriaji and his wife Shantibai undertook to effect the transfer of registration in the name of Gones, half of the property purchased in his name – Gones was on the occasion of transfer to make reimbursement of the half of money paid by Suriaji – In 1925, Suriaji and his wife Shantibai gifted in favour of Gones one-fourth of property ‘M’ acquired by Suriaji from his grandfather under the gift deed dated 09.03.1913 – Gones, thus, became entitled to one-eighth of the property ‘M’ and one-fourth of the property ‘B’ as a result of purchase made under deed of sale dated 17.11.1915 – In 1937, half share of Gones in property ‘M’ was sold in public auction in execution proceedings against Gones – Despite the dissolution of the Hindu undivided family, the families of Gones and his brother Suriaji and the other branch always lived together – In 1949, Gones proceeded to Daman on account of his employment – He received his share from the suit property until his death which took place in December 1978 – After his death, appellants were not given their share and when they found that their names were not included in the Survey records, they made application to the survey authorities and came to know for the first time about the partition deed dated 13.03.1969 and found that they were excluded – Appellants filed suit for declaration that they were entitled to one-eighth share in the property ‘M’ and one-fourth share in the property ‘B’; that the Deed of Partition dated 13.03.1969 executed by the concerned defendants was null and void and not binding on them – Trial Court decreed the suit – However, First Appellate Court set aside the order of trial court – High Court by impugned order dismissed the appeal, holding that whatever right or interest may have survived with Gones, was lost, as Gones did not at any point of time challenge the allotment of property to Shantibai which allotment in the Inventory Proceedings and recording/ registration of rights in her favour has attained finality for want of challenge – On appeal, held: By virtue of sale deed of 1915 and settlement deed of 1919, it cannot be concluded that Gones acquired title as such in the plaint schedule property – Not only did Gones not object during or immediately after inventory proceedings but though he lived till the year 1978, he never raised any claim in regard to the plaint schedule property – Equally as found by the High Court and the first appellate Court, there was no material to show that Gones was in receipt of income from property which was specific case of the appellants – Property was shown in the name of Shantibai – Still further in 1969, Shantibai executed a gift deed of the plaint scheduled property – Immediately thereafter partition deeds were executed between Shantibai and children – Thus, Shantibai treated the property as belonging to her – Still later land acquisition proceedings were held in respect of part of the plaint schedule property – The compensation determined was paid on the basis that Gones did not have any right – Thus there was representation by conduct of Gones, that he acknowledged the right of Shantibai – Further there was no defence pleaded as to estoppel or abandonment – Thus, interference with the impugned order of High Court is not called for. |
| Judge | Hon'ble Mr. Justice K.M. Joseph |
| Neutral Citation | 2019 INSC 933 |
| Petitioner | Prabhakar Gones Prabhu Navelkar (dead) Through Lrs & Ors. |
| Respondent | Saradchandra Suria Prabhu Navelkar (dead) Through Lrs. & Ors. |
| SCR | [2019] 14 S.C.R. 859 |
| Judgement Date | 2019-08-21 |
| Case Number | 10501 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
| Sl. | Authority | Responsibilities | Communication Details |
|---|---|---|---|
| 1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
| 2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
| 3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
| 4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
| 5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
| 6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
| 7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
| 8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
| 9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |