Partition – Burden of proof – Joint family property – No presumption
(Paras 18–19, 31, 34–35)
There is no presumption that property is joint family property merely because a joint Hindu family exists. The party asserting such claim must plead and prove existence of ancestral nucleus and coparcenary. In absence of such pleading and proof, claim for partition fails.
Pleadings – Foundation of case – Evidence beyond pleadings impermissible
(Paras 18, 31)
In absence of specific pleadings regarding nature of property, coparcenary or blending, no amount of evidence can be looked into. Evidence beyond pleadings is inadmissible.
Coparcenary – Essential requirement – Proof of nucleus and inheritance
(Paras 19, 31)
To establish coparcenary property, it must be shown that property was inherited from paternal ancestors or acquired from joint family nucleus. In absence of such evidence, doctrine of blending cannot be invoked.
Relinquishment deed – Validity – Pre-existing right essential
(Paras 21–22, 35)
A relinquishment can operate only where the executant has a pre-existing right. Where no such right exists, the document cannot be treated as relinquishment; it may at best operate as a fresh grant, conferring absolute ownership.
Self-acquired property – Absolute right – Power of alienation
(Paras 22, 35, 47)
Where property is established as self-acquired, the holder has absolute right to deal with it, including alienation, and such alienations cannot be questioned by others claiming partition.
Partition suit – Non-joinder of necessary parties – Fatal defect
(Paras 36, 48)
Where properties are in possession of alienees and such purchasers are not impleaded, the suit is bad for non-joinder of necessary parties, and decree in their absence would affect their rights.
Partition – Availability of property – Essential condition
(Paras 38, 47, 50–51)
Where entire suit property has already been alienated prior to suit and is in possession of third parties, no property remains available for partition, and suit is liable to be dismissed.
Suppression of material facts – Effect
(Paras 38, 41)
Where plaintiffs suppress material facts regarding alienations and possession of third parties, relief of partition cannot be granted.
Non-examination of party – Adverse inference
(Para 46)
Where a party does not enter the witness box to support his pleadings, an adverse inference arises that the case set up by him is not correct.
Sale deeds – Consideration – Non-payment not ground to invalidate sale
(Para 44)
Mere non-payment or inadequacy of consideration does not invalidate a registered sale deed.
CORE RATIO (CRUCIAL FORMULATION)
Paras 18–19, 35, 47–48
In a partition suit, the plaintiff must establish that the properties are joint family/coparcenary properties through proper pleadings and proof of ancestral nucleus; failing which, and particularly where properties are self-acquired, already alienated, and purchasers are not impleaded, the suit is not maintainable and is liable to be dismissed.
No comments:
Post a Comment