RAMDAS versus SITABAI & ORS.

RAMDAS versus SITABAI & ORS.

A co-sharer cannot sell undivided property beyond his own share, and a purchaser cannot take possession until partition. Plaintiff is entitled to half share in all four plots; sale to appellant is not binding to extent of plaintiff's share. Adjustment of shares cannot be made against the remaining plots in equity as the sold plot is extremely valuable.

Parties
Appellant: Ramdas; Respondent: Sitabai
Jurisdiction
India
Judgment Date
29 May 2009
Procedural Posture
Civil Appeal / Appeal From High Court Consent Decree in Second Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Partition, Co Sharer Rights, Transfer of Property, Possession, Sale Without Consent
Property Law Partition Co Sharer Rights Transfer of Property Possession Sale Without Consent

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Ramdas

Appellant

Sitabai

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Consent Decree in Second Appeal

Legal Issues

  1. 1 Whether a co-sharer can sell undivided property without consent of the other co-sharer
  2. 2 Whether purchaser acquires possession and title beyond the vendor's share in undivided property
  3. 3 Adjustment of shares post-sale in valuable property

Ratio Decidendi

A co-sharer cannot sell undivided property beyond his own share, and a purchaser cannot take possession until partition. Plaintiff is entitled to half share in all four plots; sale to appellant is not binding to extent of plaintiff's share. Adjustment of shares cannot be made against the remaining plots in equity as the sold plot is extremely valuable.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant Ramdas directed to handover possession of Gat No. 19 area admeasuring 2.56H of Mouza Padoli, Tahsil & Distt., Chandrapur, to plaintiff-Sitabai within three months.
  • Plaintiff-Sitabai entitled to initiate proceedings for execution if appellant fails; possession of half portion to be delivered.