KIRPAL KAUR versus JITENDER PAL SINGH & ORS.

KIRPAL KAUR versus JITENDER PAL SINGH & ORS.

Despite concurrent findings of the trial court and first appellate court, there was positive evidence that Schedule 'B' property was joint family property, and the plaintiff's husband contributed towards its construction. The gift deed executed during the pendency of litigation was invalid under Section 52 of the Transfer of Property Act. Upon the death of the first defendant, Schedule 'B' property devolves on all Class I heirs under Section 8 of Hindu Succession Act. Plaintiff and all defendants are entitled to equal 1/4th shares.

Parties
Appellant / Plaintiff: Kirpal Kaur; Respondents / Defendants: Jitender Pal Singh & Ors.
Jurisdiction
India
Judgment Date
14 July 2015
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court's Regular First Appeal Decision
Outcome
Appeal allowed; judgments and decrees of trial court and first appellate court set aside as regards Schedule 'B' property.
Legal Topics
Partition of Joint Family Property, Doctrine of Lis Pendens, Succession and Inheritance, Validity of Gift Deed, Hindu Succession Act, Transfer of Property Act
Property Law Family Law Partition of Joint Family Property Doctrine of Lis Pendens Succession and Inheritance Validity of Gift Deed Hindu Succession Act Transfer of Property Act

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Parties

Kirpal Kaur

Appellant / Plaintiff

Jitender Pal Singh & Ors.

Respondents / Defendants

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court's Regular First Appeal Decision

Legal Issues

  1. 1 Whether the plaintiff is entitled to a share in Schedule 'B' property as joint family property
  2. 2 Validity of the gift deed executed during pendency of proceedings
  3. 3 Application of Section 8 of Hindu Succession Act to Schedule 'B' property

Ratio Decidendi

Despite concurrent findings of the trial court and first appellate court, there was positive evidence that Schedule 'B' property was joint family property, and the plaintiff's husband contributed towards its construction. The gift deed executed during the pendency of litigation was invalid under Section 52 of the Transfer of Property Act. Upon the death of the first defendant, Schedule 'B' property devolves on all Class I heirs under Section 8 of Hindu Succession Act. Plaintiff and all defendants are entitled to equal 1/4th shares.

Court Disposition

Appeal allowed; judgments and decrees of trial court and first appellate court set aside as regards Schedule 'B' property.

Orders

  • Plaintiff and each defendant assigned 1/4th share equally in Schedule 'B' property.
  • Plaintiff allowed to retain possession of second floor till final division.