July 1, 2019:

Apex Court ruled that the property inherited from the Father by his Sons becomes joint family property in the hands of the Sons.

Supreme Court Bench of Justice AM Khanwilkar and Justice Ajay Rastogi was hearing an Appeal titled DODDAMUNIYAPPA (DEAD) THROUGH LRS.  vs MUNISWAMY & ORS. preferred against the Judgement of High Court which decided an off shoot of a suit where a Compromise entered between the Parties on 25th March, 1976 was sought to be declared not binding as the original Plaintiffs were not Party to the same.

The trial Court had dismissed the suit vide judgment dated 19th June, 1999 holding that the plaintiff failed to establish that it was the joint family property in the hands of respondent nos. 7 to 9(defendant nos. 2 to 4) and held that they were the joint owners of the suit property.

The High Court vide judgment and decree dated 31st March, 2005 allowed the appeal, decreed the suit and held that the subject property was joint family property in the hands of respondent nos. 7 to 9(defendant nos. 2 to 4) and the compromise would not bind the plaintiffs (sons of defendant nos. 2 and 3) which is a subject matter of appeal at the instance of the appellant(defendant no. 1) in the original proceedings.

While relying on Case titled Smt. Dipo Vs. Wassan Singh and Others 1983(3) SCC 376  the Bench ruled that the property inherited from the father by his sons becomes joint family property in the hands of the sons.

Bench dismissed the Appeal while observing-

''It is an admitted fact on record that the property was purchased by Chikkanna from his sister Thayamma and respondent nos. 7 to 9(defendants nos. 2 to 4) have inherited the property after death of propositus Chikkanna. Respondent nos. 1 to 6 are children of respondent nos. 7 and 8(defendants nos. 2 and 3), it would be an ancestral property in their hands and indisputedly respondent nos. 1 to 6 are neither parties to the proceedings nor consented when the compromise decree was executed in Execution Appeal No. 2 of 1974 (Exhibit P­8) dated 7th March, 1974 and admittedly the same would not be binding upon their share over the property.

Share this Document :

Picture Source :