Supreme Court Settles Family Property Dispute: Upholds 1984 Partition and Sale Deed, Overturns High Court’s Reliance on Alleged 1965 Partition"

The Supreme Court in its recent judgment addressed a complex family property dispute, focusing on the validity of the 1984 partition and the legality of a subsequent sale deed. The Court critically examined the earlier reliance on an alleged 1965 oral partition and its implications on the property rights among the family members.

The dispute revolved around the partition and entitlement to various properties within a family. The plaintiffs claimed a share in the properties, asserting an oral partition in 1965. The defendants, on the other hand, pointed to a 1984 partition that allegedly allocated the properties in question. The key issues involved the validity of these partitions and the legality of a sale deed executed by one of the defendants for a property allegedly part of the family assets.

On the Alleged 1965 Partition: The Supreme Court noted that reliance on the 1965 oral partition by the High Court was erroneous as it was not originally part of the plaintiffs' pleadings. An attempt to amend the plaint to include this partition was rejected, lending no basis for considering evidence related to the 1965 partition.

On the Validity of the 1984 Partition: The Court upheld the validity of the 1984 partition, noting that the properties in question were allotted to the branch of Raghvendrarao, the predecessor-in-interest of the defendants. This decision was reinforced by the absence of challenges to the 1984 partition in subsequent legal proceedings.

On the Sale of Property: The Supreme Court upheld the sale deed executed in 2001 concerning one of the disputed properties. It was found that the sale did not violate any interim order, as the seller was not a party to the suit when the interim order was passed.

Decision: The Supreme Court allowed the appeals, setting aside the High Court's findings regarding the disputed properties. The properties were declared rightfully belonging to the appellants, and the 2001 sale deed was upheld.

Date of Decision: 4th March 2024

Srinivas Raghavendrarao Desai (Dead) by LRs. Vs. V. Kumar Vamanrao @ Alok and Ors.