GURDIAL KAUR Vs. GIAN KAUR AND ORS.

JUDGEMENT

(1.) Having heard learned counsel for the appellant and in view of grounds mentioned in application, delay of 523 days in filing the appeal is condoned.

(2.) For convenience sake, hereinafter, reference to parties is being made as per their status in the suit.

(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that the plaintiff claiming herself to be married daughter of defendant No. 1 filed suit for declaration to the effect that transfer of joint Hindu family property i.e. land in dispute by defendant No. 1 being karta, vide registered sale deed dated 15.05.1998, in favour of defendant No. 2 was illegal, fraudulent, bogus and without consideration, therefore, liable to be set aside. She has also claimed partition and possession of suit land to the extent of 1/3rd share being one of the coparceners with defendants No. 1 and 2. It was pleaded in plaint that defendant No. 2 is real sister of the plaintiff. The plaintiff and defendants No. 1 and 2 constituted joint Hindu family. Defendant No. 1 was Karta of the joint Hindu family. The property in dispute was joint Hindu family property in the hands of defendant No. 1. The plaintiff and defendants No. 1 and 2 are coparceners. They are having equal shares in the property in dispute. Defendants No. 1 and 2 in collusion with each other had manipulated transfer of joint Hindu family property by way of execution of sale deed dated 15.05.1998 in favour of defendant No. 2. Defendant No. 1 could not sell more than his 1/3rd share in joint Hindu family property without her consent. Defendant No. 1 had executed Will dated 28.07.1994 bequeathing the property in dispute in her favour and in favour of defendant No. 2 to the extent of = share each. Although he was able to execute Will only to the extent of 1/3rd share, even then he has executed the sale deed in question. Hence, suit was filed.