The Apex Court of India held that the rule under the Mitakshara Law, which is, whenever a male member inherits the property of any of his paternal ancestors, which is up to three degrees above him, and after that the male legal heirs of him who are up to three degrees below are entitled to get equal rights as coparceners to his property, will be applied in the cases of Succession which is specified under Hindu Marriage Act, 1956.
The rule was applied by the bench of Justice U U Lalit and Indu Malhotra and allowed an appeal filed by Arshnoor Singh, for setting aside the sale deed executed by his father Dharam Singh in 1999. According to that impugned Sale Deeds, Dharam Singh has alienated the Joint Hindu Family Property to the respondent Harpal Kaur, whom he has subsequently been married as the second wife. The Punjab & Haryana High Court has set aside this appeal of Arshnoor Singh by stating that the said Joint Hindu Family Property has ceased to be specified under the coparcenary property after Inder Singh effected the partition in 1964.
The Supreme Court has held that it was settled law that the power of a Karta to sell coparcenary property is subjected to certain restrictions except that the sale should be for legal necessity, or for the benefit of the state. It had come out in the evidence that there were no monetary considerations executed for the sale deed by Dharam Singh to Harpal Kaur. Therefore, the appeals were allowed, restoring the Decree of Trial Court.
Tags : #Legal