SHYAM NARAYAN PRASAD versus KRISHNA PRASAD AND ORS.

SHYAM NARAYAN PRASAD versus KRISHNA PRASAD AND ORS.

The property allotted in partition remains coparcenary property with respect to male issue, and plaintiffs have a right in it; the exchange deed regarding immovable property is inadmissible as it was not registered per Registration Act requirements; suit by plaintiffs for declaration challenging the exchange deed is maintainable.

Parties
Appellant/defendant No.1: Shyam Narayan Prasad; Respondents/plaintiffs: Krishna Prasad and Ors.
Jurisdiction
India
Judgment Date
02 July 2018
Procedural Posture
Civil Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
Mitakshara Law, Coparcenary Property, Partition, Exchange Deed, Registration Requirement, Admissibility of Documents, Section 53 a of Transfer of Property Act
Hindu Law Property Law Evidence Law Mitakshara Law Coparcenary Property Partition Exchange Deed Registration Requirement +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shyam Narayan Prasad

Appellant/defendant No.1

Krishna Prasad and Ors.

Respondents/plaintiffs

Procedural Posture

Civil Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether property allotted to a son in partition retains the character of coparcenary property
  2. 2 Whether the suit filed by plaintiffs for declaration challenging the exchange deed was maintainable
  3. 3 Whether the exchange deed relating to immovable property required registration and is admissible in evidence

Ratio Decidendi

The property allotted in partition remains coparcenary property with respect to male issue, and plaintiffs have a right in it; the exchange deed regarding immovable property is inadmissible as it was not registered per Registration Act requirements; suit by plaintiffs for declaration challenging the exchange deed is maintainable.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs