ANANDIBAI PANDURANG MUNDE Vs. YAMUNABAI VITHOBA NAVGAONKAR

JUDGEMENT

(1.) THE present appeal is by the original defendant. During the pendency of the appeal original defendant died on 18th April 1996 and two applications were filed for bringing the legal heirs on record (one) being Civil Application No.4024 of 1997 and (another) being Civil application no.4025 of 1997. By order dated 10.7.1997, both the applications were placed for orders before me on 10.7.1997. In both the applications two sets of petitioners are claiming to be the heirs of deceased Anandibai Pandurang Munde. Without going into the entitlement of these petitioners, these applications were granted as their right will have to be ultimately adjudicated in execution proceedings. These petitioners will have to establish that they are heirs of Anandibai and are entitle to her shares. The question as to who are the heirs of Anandibai is kept upon and parities are at liberty to agitate the same in appropriate proceedings, at the appropriate stage.

(2.) ORIGINALLY the land was owned by Ramabai. She died in the year 1971 leaving behind one daughter the plaintiff herein and Anandibai the defendant. This is a suit for partition and possession of 1/2 share. Defendant has set up the gift deed in her favour to contend that Ramabai by gift dated 7.6.1971 has gifted the suit property to her and she is the absolute owner.

(3.) BEFORE the lower appellate Court an, attempt was made to contend by the present appellant that the Gift Deed dated 7.6.1971 is not a Gift Deed but it is the Will. Obviously, the said attempt was to overcome the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948. The appeal Court has found that the document in question is gift deed and accordingly gave declaration. Appeal Court thus come to the conclusion that for want of necessary permission from the authority under Section 43 of the aforesaid Act gift is void.