Joint family consists of a son Mr. “X” & a daughter & no share given to her Ms. “A” in intestate joint family properties . Case details: 1.Mr. X 1st entered into unregistered sale agreement with Mr. Z in 2007 for sale of intestate properties & accepted only advance & later refused to make final sale to Mr. Z. 2.Mr. Z went to court in 2007 but on other side Mr X entered for joint development agreement (JDA) for sale of same property to developers in 2008 and also executed GPA to developer for sale of agricultural property. 3.In 2009 as per JDA, the GPA holder made sale of land to one company but later Mr. X filed a case against developer stating that GPA was given only for development purpose but not for sale. 4.Now Mr. X, Mr. Z & GPA holder joined in same case of Mr. Z which was filed in 2006 & in lower court, case decided in favour of Mr. Z & JDA ordered as null & void. 5.So, developer and Mr. X went to HC in 2009 & filed case against each other & now case is pending before HC. 6.Mr. X had 2 daughters who were minors during JDA and as such, in 2012, the 2 daughters of Mr. X filed partition suit against his father itself for share of properties & made Mr. Z, Mr. X & developer & others as defendants for partition & included many properties mainly including properties under JDA in suit. 7.Due to 2 daughter’s partition suit, the case in HC got hold & parties concentrated on partition suit in lower court. 8.However, 2 daughters of Mr. X has not made Ms. A as party to the partition suit in 2012 which was filed with an intension to deny the rights of her from intestate joint family properties 9.In 2019, Mr. X due to health issues, given possession of land which were under dispute to Ms “A” who is a daughter of joint family & Mr. X expired in 2020. 10.Now Ms. A got knowledge of all her rights denied by her brother Mr. X & thus, is about to file case for her share & also prepared to get implead in partition suit which was filed by 2 daughters of Mr. X. 11.Interestingly, after getting clue of Ms A preparing to implied in partition suit, 2 daughters started to proceed case in HC & now case in pending for final hearing stage in HC. Question: 1.If a case is pending before lower courts, will HC gives its judgement & whether such judgment will put an end for lower court further proceedings? 2.Irrespective of judgment of HC, can Ms A holds her possession & rights, after getting implead in partition suit which is pending before lower court 3.Can 2 daughters after HC judgement can withdraw partition suit in lower court including all properties decided in HC. 4.Even if 2 daughters tries to withdraw case in lower court after HC judgement, can Ms A approach court to proceed further or should file new case by Ms “A” for partition. 5.Is there any provision under law for Ms. “A” to get implead in HC as a party before HC judgement 6.What is the best lawful way to Ms “A” to protect her rights at present situation
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1)HC may not intervene during pendency of case in trial court
2) A can hold possession till court directs her to vacate possession
3) daughters are always at liberty to withdraw partition suit
4) A can oppose with drawl of suit
5) A can make application being impleaded as party in HC
1) The HC case and Trail court case are for different cause and between different parties and for different relief.
However the HC verdict will be used in trail court.
2) Yes, But A wants to join HC case.
“A” can hold possession until any court pass judgement/order to vacate.
3) The case can be withdrawn at any time.
4) “A” can make application to implead as party and then only oppose the withdrawal of suit.
5) “A” can make application to implead as party in HC.
6) “A” have to implead as party even though she is in possession of property.
1. If a case is pending before the trial court, the same cannot be appealed against before high court, and the hi9gh court may ask the parties to exhaust the remedies in the trial court first and would dismiss the appeal.
2. She can file a petition seeking injunction restraining the respondents from interfering in her possession or trying to dispossess her from the property till the disposal of the main suit along with the implead petition.
3. It depends on what is the suit filed before high court, if it is an appeal then the high court may not entertain any separate case before the disposal of the case in lower court with same cause of action.
4. Yes, she can continue the case or can file a separate suit seeking her relief
5. She can file an implead petition similar to that of the petition filed before lower court.
6. You can discuss with your advocate on all such further issues.
Dear Sir/Ma'am,
1. The HC will not entertain the case or intervene since all the remedies have not been exhausted before approaching the HC.
2. she will be in possession till the court orders her to vacate the property. she can file for an injunction restraining anybody from interfering with the possession.
3. the 2 daughters can at any point in time withdrawn the partition suit.
4. yes Ms.A can file a new case or continue.
5. Ms.A will have to file an application before the HC to be impleaded as a party.
Thank You
1. Properties of ancestors of HUF settled in 1962 through registered deed among parents, sons & daughters. 2. Actual transfer of properties & records created into respective names of the family members among all after 1980's & actual possession took by respective members after 1990's. 3. Certain properties which were under oral disputes among grandfather & his elder brother before 1962 were not brought into registered deed of 1962. 4. later on, grandfather expired in 1970 & properties which were under disputes of before 1962 got settled & came to our share of family but sons not given any share in such properties to daughters & sold to 3rd parties. Questions: 1. Properties not covered in registered deed of 1962 as a result of oral dispute among our gr grandfather father & his elder brother should be shared (after our grandfather father death) as per intestate succession of Hindu law or survivorship? 2. Whether daughters have equal rights in above stated properties which were not covered in registered deed of 1962 without facing the problem of limitation period under the law ? 3. Since actual possession of properties taken by family members after 1990's, the earnings made till such time by the family is considered as joint family funds or date of deed executed on 1962 is considered as limit to arrive for determining joint family funds? 4. Whether daughters have equal rights those additional properties purchased by utilizing joint family funds? 5. A property purchased by a member of the family who does not have any independent income is considered as joint family property only or his self-acquired property. 6. Is it legally required under the law to show the source of income by the family member to consider a property as a self-acquired property of him (if case is filed in court by other family members). 7. If in case, he fails to show his source of income for such self acquired property then it will becomes joint family property ?
1) it should be as per hindu succession act
2) daughters have equal right in property
3) daughters have equal rights in property purchased from joint family funds
4) you can seek source of funds for purchase of property
5) you can always take plea that he had no source of income for purchase of property
1. If the said property falls under ancestral category then if the said property was not partitioned earlier and remains in tact, the daughters can claim a share in it as a right.
2. Read the above answer.
3. Since the property is reported to have been partitioned in the year 1990, any claim for a share by the daughters in it at this stage may not be maintainable.
4. You are repeating the same question in a different manner.
If the property still exists in the same status then the daughters can claim a share in it whereas it is reported to have been sold and the sale consideration amount was divided among the sons in the year 1990, the claim of daughters for a share in the property purchased subsequently may not be legally tenable.
5. If the property was purchased in the name of the individual then it is the individual's property and not termed as property belonging to joint family.
6. The burden to prove that this property belongs to joint family is on the the person making this claim.
7. See the above answer.
The property is on individual's name by a registered sale deed hence he need not have to prove the source of income to establish his title.
The rival claimant needs to establish his claim with substantial documentary evidences to prove his case.
Dear Sir/Ma'am,
1. if the property is the ancestral property and has not been partitioned, the daughters can claim their share in the property as a matter of right.
2. yes, the daughters have an equal share in the property.
3. the daughters have a right even in cases where the property has been purchased by joint family funds.
4. if the property still exists in the same status, they have a share in it as a matter of right.
5. if it is purchased in the name of a particular individual it cannot be categorized as ancestral property. you can always seek the source of funds for the purchase of property to cross-check.
6. the person who claims that the property belongs to a joint family, has the burden of proving the same.
7. you can contend that he has no "independent" source of Income.
Thank You