Chanda Kushwaha, O.P Jindal Global Law School
FACTS:
Lal Singh died in the year 1951 and his entire share of the property was inherited by his only son Inder Singh. During his life, he affected partition in 1964 of the entire property between his three sons equally. However, all three of them transferred one-fourth share of the entire property back to their father for his survival. Inder Singh died in the year 1970. After his death, the one-fourth share of the property was inherited by his legal heirs i.e., his widow, daughter, and three sons. The present case pertains to Dharam Singh’s share of the property. Dharam Singh had only one son Arshnoor Singh, the appellant in this case. He was born in 1985 to Dharam Singh and his first wife. Dharam Singh allegedly sold the entire suit property to Harpal Kaur (respondent no.1) vide two sale deeds in 1999 for monetary consideration which the collector found was undervalued. later in the same year, both got married. Dharam Singh and Harpal Kaur admitted in front of the collector that no money was paid for the two sale deeds. The appellant Arshnoor Singh filed the suit against Dharam Singh and Harpal Kaur for the declaration that the property was the coparcenary property and thus the two subsequent sale deeds are illegal, null, and void. He further prayed for a permanent injunction restraining Harpal Kaur from alienating or transferring the suit property. However, during the time the suit was pending Harpal Kaur sold the property to Kulwant Singh and Jung Bahadur (respondents 2 and 3 respectively).
