It is submitted by learned counsel for these Defendants that, admittedly the suit property is the ancestral joint family property of Defendant No. 1, therefore Defendant Nos. 2 and 3 are having coparcenary rights therein. They were minor when the agreements were executed. Hence, the burden was upon the Respondent to prove that these agreements were executed for legal necessity. However, no such case is made out or proved. Hence, these agreements cannot be binding on the shares of these defendants. To support this submission, the reliance is placed by learned counsel for these Appellants on the judgment of the Division Bench of this Court in the case of Shrikant Trimbakrao Begade & Ors. V/s. Natthu Maroti Shivarkar (Dead) Through LRs. & Ors. MANU/MH/0520/2017 : 2017(4) Mh.L.J. 590, wherein relying upon Section 243 and 244 of the Hindu Law (Mulla), it was held that, "the burden to prove the legal necessity is always on the purchaser of the joint family property". Here, in the case, according to learned counsel for the Appellants, as no such enquiry was made by the Respondent before purchase of the property to prove the existence of legal necessity for Defendant No. 1 to sell the suit land, the agreements of sale cannot be binding on the share of Defendant Nos. 2 and 3 and also on the share of Defendant No. 4.
61. However, in my considered opinion, this contention is also devoid of merits because, as per the legal position, the transactions entered into by the karta of the Hindu Joint Family are binding on the undivided share of the minors as well as other members of the family, not only when they are executed for the legal necessity but also for the benefit of joint family Here, in the case, on account of these agreements of sale executed by Defendant No. 1 with Respondent, Defendant No. 1 can save the surplus land held by the joint family from the clutches of ULC Act. The entire joint family is thus benefited by this transaction. Hence, these transactions bind not only Defendant No. 1 but also Defendant Nos. 2, 3 and 4, who are benefited thereby.
IN THE HIGH COURT OF BOMBAY
Second Appeal No. 66 and 67 of 2003
Decided On: 08.08.2018
Madhavrao Ramchandra More Vs. Rajendra Sahakari Griha Nirman Sanstha Maryadeet and Ors.
Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.
Citation:2019(1)MhLJ 419
