Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit – For partition – Joint Family ancestral property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – For partition – Joint Family ancestral property – A suit for partition in the Joint Family Property was filed by plaintiff for the properties situated in two villages-1 and 2 – ‘B’ was the common ancestor and left behind four sons, ‘N’, ‘R’, ‘M’ and ‘S’ – ‘M’ is predecessor of the parties in dispute and his share in ancestral property is in dispute – ‘M’ married twice – First wife died in the year 1948 leaving behind defendant no.1,2,3,4 – Second wife and the original plaintiff, died during the course of proceeding leaving behind her legal representatives (two sons and three daughters), who are prosecuting the present case – In respect of property at village-1, the High Court affirmed the finding that defendant no.1 had purchased the said property after death of ‘M’ – In respect of property at village-2, the High Court held that in absence of any evidence that the property in the hand of ‘R’ was ancestral property, the plaintiff did not have share in the said property – Held: No pleadings were raised regarding the property at village-1 that it is being purchased from the income of the joint family property, therefore is not joint ancestral property – All three Courts have concurrently held that the property at village-1 was not ancestral property – With respect to Property at village-2 the evidence on record including written memorandum of settlement (Ex.111) and the mutation of the same (Ex.104) together with the evidence of PW1 and PW2 suggest that the said property is Joint family property – No evidence that ‘R’ was the sole owner or that he acquired the disputed property from his income – There is no evidence to suggest that the disputed property was gifted to defendant no.1 by ‘R’ – Therefore, the plaintiff and defendants have equal share in the property at village-2. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 817 |
Petitioner | Gitabai Maruti Raut (dead) Through Lr. & Ors. |
Respondent | Pandurang Maruti Raut (dead) Through Lrs. & Ors. |
SCR | [2022] 6 S.C.R. 1068 |
Judgement Date | 2022-08-11 |
Case Number | 7702 |
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