KULDIP MAHTON Vs. SHIBALAK MAHTON

JUDGEMENT

(1.) Plaintiff Kuldip Mahton preferred second appeal before this Court.

(2.) The Plaintiff filed the suit for a declaration that the deeds of gift (Exts. A series) are illegal, null and void. The case of the plaintiff is that Keuldip Mahton (Plaintiff) and Sukar Mahton were brothers, and they were members of the joint Mitakshara family. Sukar Mahton died on 5th March, 1993. Sukar Mahton died leaving behind five daughters and his widow. It b said that before his death Sukar executed three deeds of gift on 25th Ferary, 1963 in favour of his daughter, Srimati Keshori Devi (defendant no. 2). Shibalak Mahton (defendant no. 1) is the husband of defendant no. 2. Defendant no. 3 Most. Patia is the wife of Sukar Mahton. It is said that on 25th February, 1963 Sukar Mahton executed deeds of sift bearing nos. 1972 Ext. A) 1973 (Ext. A/1) and 1974 (Ext. A/2). It is these deeds of gift which have been challenged in the present suit.

(3.) On these facts, both the courts below concurrently held (1) that the deeds of gift (Exts. A series) were not executed by Sukar and these deeds are fraudulent, illegal and inoperative, and (2) that Sukar died in a state of joint- ness with the plaintiff. The lower appellate court held that in view of section 6 of the Hindu Succession Act, 1956 (hereinafter referred to as 'the Act'), the widow and the daughters would inherit the joint property held by Sukar.