AMRIT LAL AND ORS. versus MAHARANI AND ORS.

AMRIT LAL AND ORS. versus MAHARANI AND ORS.

The property is ancestral and governed by the Mitakshara School of Hindu Law. The appellants failed to prove any disruption of joint family prior to the alleged grant. Revenue record entries or patta in favour of Shankar do not alter the joint family nature of the property. The case cited by the appellants is distinguished and has no application. No evidence was produced regarding applicability of the Oudh Rent Act, 1886. Hence, the property remained joint family property.

Parties
Appellants: Amrit Lal and Ors.; Respondents: Maharani and Ors.
Jurisdiction
India
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Appeal From Judgment/order Dated 15.11.2006 of Allahabad High Court, Lucknow Bench, in Writ Petition No. 8555 of 1987
Outcome
Appeal dismissed with costs.
Legal Topics
Mitakshara Coparcenary, Joint Family Property, Succession, Ancestral Property, Applicability of Oudh Rent Act, U.p. Zamindari Abolition and Land Reforms Act
Property Law Hindu Law Mitakshara Coparcenary Joint Family Property Succession Ancestral Property Applicability of Oudh Rent Act U.p. Zamindari Abolition and Land Reforms Act

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Parties

Amrit Lal and Ors.

Appellants

Maharani and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment/order Dated 15.11.2006 of Allahabad High Court, Lucknow Bench, in Writ Petition No. 8555 of 1987

Legal Issues

  1. 1 Whether the property in question enured to the benefit of the joint family or was self-acquired property of Shankar due to purported patta by Zamindar
  2. 2 Applicability of Oudh Rent Act, 1886 to the disputed property

Ratio Decidendi

The property is ancestral and governed by the Mitakshara School of Hindu Law. The appellants failed to prove any disruption of joint family prior to the alleged grant. Revenue record entries or patta in favour of Shankar do not alter the joint family nature of the property. The case cited by the appellants is distinguished and has no application. No evidence was produced regarding applicability of the Oudh Rent Act, 1886. Hence, the property remained joint family property.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed accordingly with costs.
  • Counsel's fee assessed at Rs. 10,000/-