Ancestral Property – sale of

Ancestral Property – sale of  

Held: Once the factum of existence of legal necessity stood proved, then, in our view, no co coparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was one of the co coparceners along with his father Pritam Singh. He had no right to challenge such sale in the light of findings of legal necessity being recorded against him. It was more so when the plaintiff failed to prove by any evidence that there was no legal necessity for sale of the suit land or that the evidence adduced by the defendants to prove the factum of existence of legal necessity was either insufficient or irrelevant or no

evidence at all. 

Case Law:

Kehar Singh (D) through LRs V. Nachittar Kaur 

Citation:

2018 (36) LCD 2474Ancestral Property – sale of  

Held: Once the factum of existence of legal necessity stood proved, then, in our view, no co coparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was one of the co coparceners along with his father Pritam Singh. He had no right to challenge such sale in the light of findings of legal necessity being recorded against him. It was more so when the plaintiff failed to prove by any evidence that there was no legal necessity for sale of the suit land or that the evidence adduced by the defendants to prove the factum of existence of legal necessity was either insufficient or irrelevant or no

evidence at all. 

Case Law:

Kehar Singh (D) through LRs V. Nachittar Kaur 

Citation:

2018 (36) LCD 2474