Summary
Property inherited under Mitakshara law when succession opened in 1951 retained its coparcenary character as against male descendants despite a later partition. The appellant therefore acquired an interest by birth and could challenge his father’s alienation. The purchaser failed to establish legal necessity or benefit to the estate, and both parties admitted absence of consideration. The original sale deeds and the subsequent pendente lite sale were cancelled.
Issues
- Whether the pre-1956 inheritance and later partition left the property coparcenary as against the appellant.
- Whether the challenged sales were justified by legal necessity or benefit to the estate.
- Whether the appellant had standing and the subsequent purchaser acquired title.
Held
- Succession opened in 1951 under the old Mitakshara law. Partition in 1964 did not convert the allotted ancestral property into separate property as against the allottee’s male descendants. The appellant acquired coparcenary rights on birth. (¶ 7–7.12)
- Uttam concerned devolution under Section 8 after commencement of the 1956 Act and did not govern this pre-1956 succession and later partition. (¶ 7.4–7.9)
- The alienee bore the burden of showing legal necessity, benefit to the estate or bona fide enquiries establishing necessity. That burden was not discharged; admissions that no consideration passed defeated the asserted justification here. (¶ 8–8.4)
- The first purchaser acquired no valid title to convey onward. The subsequent transfer during litigation was also subject to lis pendens and failed with the transferor’s title. (¶ 9)
- The appellant’s coparcenary interest gave him standing to challenge the alienation, and non-production of the cited revenue records did not alter ownership. (¶ 10–10.2)
Result
Appeal allowed; High Court order set aside. Both sale deeds dated 1 September 1999 and the subsequent deed dated 30 October 2007 cancelled and set aside. Appellant’s name directed to be recorded as owner in the Jamabandis. Pending applications disposed of.