HARI CHAND ROACH versus HEM CHAND AND ORS.

HARI CHAND ROACH versus HEM CHAND AND ORS.

By virtue of the family arrangement and inheritance, Jamni and Debku became absolute owners of the property at Chak Nani and had full rights to dispose of it. The sale deed was valid, executed for consideration, and in good faith.

Parties
Appellant: Hari Chand Roach; Respondents: Hem Chand and Ors.
Jurisdiction
India
Judgment Date
28 October 2010
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Second Appeal
Outcome
Appeal allowed; impugned judgment of High Court is set aside.
Legal Topics
Partition, Family Settlement, Hindu Joint Family Property, Inheritance by Widow, Validity of Sale Deed, Relinquishment of Share
Property Law Family Law Partition Family Settlement Hindu Joint Family Property Inheritance by Widow Validity of Sale Deed Relinquishment of Share

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Parties

Hari Chand Roach

Appellant

Hem Chand and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Second Appeal

Legal Issues

  1. 1 Whether the widow and her daughter became absolute owners by virtue of the family arrangement and had the right to sell the land
  2. 2 Whether the sale deed executed by the widow and her daughter is valid
  3. 3 Whether Jamni and Debku had pre-existing rights in the land in dispute

Ratio Decidendi

By virtue of the family arrangement and inheritance, Jamni and Debku became absolute owners of the property at Chak Nani and had full rights to dispose of it. The sale deed was valid, executed for consideration, and in good faith.

Court Disposition

Appeal allowed; impugned judgment of High Court is set aside.

Orders

  • Impugned judgment of the High Court set aside.
  • Appeal allowed.