BALJINDER SINGH versus RATTAN SINGH

BALJINDER SINGH versus RATTAN SINGH

Gift by a coparcener of his undivided share in coparcenary property is void; validity of sale needs factual determination and matter remitted to High Court for consideration under Article 109 of the Limitation Act; will was surrounded by suspicious circumstances and not valid.

Parties
Appellant: Baljinder Singh; Respondent: Rattan Singh
Jurisdiction
India
Judgment Date
05 August 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Partly remitted, partly dismissed
Legal Topics
Alienation of Coparcenary Property, Gift Deed, Sale Deed, Will, Limitation Under Limitation Act, 1963
Hindu Law Property Law Alienation of Coparcenary Property Gift Deed Sale Deed Will Limitation Under Limitation Act, 1963

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Baljinder Singh

Appellant

Rattan Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Validity of alienation of undivided coparcenary property by gift, sale, and will
  2. 2 Applicability of limitation provisions to challenge ancestral property alienations
  3. 3 Genuineness of will executed by Shiv Dev Singh

Ratio Decidendi

Gift by a coparcener of his undivided share in coparcenary property is void; validity of sale needs factual determination and matter remitted to High Court for consideration under Article 109 of the Limitation Act; will was surrounded by suspicious circumstances and not valid.

Court Disposition

Partly remitted, partly dismissed

Orders

  • Matter remitted to High Court to re-examine appeal concerning applicability of Article 109 of Limitation Act to the sale deed
  • Other appeals dismissed