Trijugi Narain vs. Sankoo: Supreme Court Ruling on Joint Hindu Family Property and Impartible Estates

The legal dispute in Trijugi Narain vs. Sankoo revolved around the ownership and succession rights of a perpetual leasehold property in Allahabad. The Supreme Court had to determine whether the property in question was a part of a joint Hindu family’s coparcenary property or if it was an impartible estate governed by the rule of primogeniture.

Background of the Case

The case involved a property that was originally acquired under a perpetual lease deed dated 12th September 1873. Over time, the property was transferred through various transactions, with the most significant transfer occurring when Raghubir Singh, the then Maharaja of Maihar, acquired it through a registered sale deed dated 12th August 1896.

Later, his successor, Brij Nath Singh, executed a will on 11th February 1966, bequeathing specific properties, including the disputed property, to his second wife, Rani Tej Kumari, while allocating the palace of Maihar and the privy purse to his son from the first wife, Govind Singh.

Govind Singh, asserting his authority as the karta of the joint Hindu family, sold the property on 18th November 1968 to Trijugi Narain and Surendra Nath. Meanwhile, another claim arose when an individual named Chandra Nath Kala sought ownership of the property through adverse possession, and later through a sale deed executed by the power of attorney holder of Rani Tej Kumari.

Key Legal Issues

Whether the property in question was part of a joint Hindu family’s coparcenary estate or an impartible estate of the former princely state of Maihar.
Whether the rule of primogeniture applied to the estate and allowed Brij Nath Singh to bequeath the property.
Whether Govind Singh, as karta, had the authority to transfer the property.
Whether the sale deed executed by Rani Tej Kumari’s power of attorney holder was legally valid.

Arguments of the Parties

Arguments by the Appellants (Trijugi Narain and Others):

The property was a part of the joint Hindu family and was coparcenary property.
Govind Singh, being the karta, had the legal authority to transfer the property.
The sale deed executed in their favor was valid and binding.

Arguments by the Respondents (Sankoo and Others):

The property was an impartible estate governed by the rule of primogeniture.
As per the will executed by Brij Nath Singh, the property was rightfully transferred to his second wife.
Govind Singh had no authority to transfer the property as it did not belong to the coparcenary.
The sale deed executed in favor of the respondents was legitimate.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the respondents, holding that:

The property was an impartible estate and not part of the joint Hindu family’s coparcenary property.
Brij Nath Singh, as the sovereign Ruler of Maihar, had the right to bequeath the property through his will.
Govind Singh had no authority to transfer the property as the karta of the joint Hindu family since the property was not part of the coparcenary estate.
The sale deed executed by Rani Tej Kumari’s power of attorney holder was valid, as she had inherited the property through a legally valid will.

The Court emphasized:

“An impartible estate, though ancestral, is clothed with the incidents of self-acquired and separate property. The rule of primogeniture governs its succession, and members of the joint Hindu family do not acquire rights in such an estate by birth.”

The Court also observed:

“With the enforcement of the Hindu Succession Act, 1956, coparcenary property inherited after 17th June 1956 is absolute and individual property, and the rule of primogeniture still applies to estates governed by special covenants.”

Final Decision

The Supreme Court dismissed the appeal by Trijugi Narain and Others, affirming that:

The property belonged to the impartible estate of Maihar and was not part of the joint Hindu family’s coparcenary property.
Brij Nath Singh had the legal right to bequeath the property through his will.
The sale by Govind Singh was not legally valid.
The sale deed executed by Rani Tej Kumari’s representative was upheld.

Key Takeaways from the Judgment

The Supreme Court reinforced the distinction between impartible estates and joint Hindu family coparcenary property.
The rule of primogeniture applies to properties governed by special covenants and agreements.
The karta of a joint Hindu family cannot transfer property that does not belong to the coparcenary estate.
The Hindu Succession Act, 1956, does not override the rule of primogeniture where applicable.

This judgment is a significant precedent in property law, particularly in cases involving impartible estates and the rule of primogeniture. It highlights the importance of determining the nature of a property before deciding on its transferability within a Hindu joint family structure.

Petitioner Name: Trijugi Narain (Dead) Through Legal Representatives and Others.
Respondent Name: Sankoo (Dead) Through Legal Representatives and Others.
Judgment By: Justice Indu Malhotra, Justice Sanjiv Khanna.
Place Of Incident: Allahabad.
Judgment Date: 10-12-2019.

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