Recitals in sale deed and consent certificate were binding on persons party to documents/signing those documents

V.K. Surendra v. V.K. Thimmaiah, (2013) 10 SCC 211

Hindu Law
Joint family property or self-acquired property - Determination of - Burden of proof - Powers of Karta - In the absence of
any division in the family, held, joint family continues as joint family - Hence, in such a situation burden to prove that
properties purchased by Karta were not joint family property but self-acquired properties, held, lies on the person
claiming so - Further held, Karta has no right to change the character of joint family properties by transferring the same
under a will or a gift without consent of other coparceners - Therefore, properties in question, held, were joint family
properties of Karta and his sons, with entitlement to equal shares thereof,

Hindu Law
Joint family property or self-acquired property of Karta - Determination of - Land purchased by Karta out of money
received from sale of ancestral lands, rightly held by High Court to be ancestral properties and not self-acquired
properties of Karta, (2013) 10 SCC 211-B
Family and Personal Laws
Hindu Law
Joint family property - Sale of ancestral property by Karta with consent of all his sons - Binding effect of consent
certificate on persons who are a party to it/signed it - High Court rightly held that recitals in sale deed and consent
certificate were binding on the persons party to the documents/signing those documents, 
Hindu Law
Shares of coparceners in predeceased Karta's share - Joint family comprising Karta and 9 coparceners viz. 4 sons and
5 daughters or person claiming under daughter - In such circumstances, Karta himself entitled to 1/5th share of total
properties - In the present case, out of 1/5th share of Karta, Karta's 4 sons, held, entitled to 11/50th share each inclusive
of their respective shares whereas 4 daughters including son of predeceased daughter also entitled to 1/50th share
each, 

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