Alienation of Joint Family Property by Outsider Cannot Be Challenged in Partition Suit: Bombay High Court
Case Title: Arun Narayan Patil v. Jayshree Jaywant Patil
Case No.: Writ Petition No.1918 of 2016
Coram: Justice Sandeep V. Marne
Court Observation
“It is permissible to challenge alienation of joint family property by Karta or by another coparcener even in a suit for partition. The challenge cannot be independent of suit for partition… only a combined suit for partition and alienation can resolve the lis relating to validity of alienation.”
“… the issue of alienation by Khot family to BCT cannot be a subject matter of suit for partition between Patil family members. Whether Khots had title to pass on to BCT is something which cannot be decided in a suit for partition of joint family properties of Patils,”
