Is property purchased with the proceeds of sale of ancestral property ancestral property?
Coram: Justice R.Sakthivel
Property purchased with the proceeds of sale of ancestral property is ancestral property.
Yes. Property purchased with the proceeds of sale of ancestral property is ancestral property. The recitals of the sale deed of the ancestral properties, the temporal proximity between that sale and the purchase of the suit properties, and the fact that the minor son was made a party to the earlier sale, taken together, show that the suit properties were purchased using those sale proceeds, so that they take up the character of ancestral properties.
Property — Ancestral property — Purchase from sale proceeds of ancestral property — Suit for bare injunction — Denial of title — Decree obtained by fraud — Code of Civil Procedure, 1908 — Order XXIII Rule 3A — Indian Evidence Act, 1872 — s.44 — Property — Character of the property purchased — Held: Property purchased with the proceeds of sale of ancestral property is ancestral property. (¶22) Code of Civil Procedure, 1908 — Suit for bare injunction — Denial of title — Held further: A suit for bare injunction is maintainable despite denial of title where the question of title is simple and not complicated, and only a complicated question of title requires the parties to be relegated to a suit for declaration. (¶25) Code of Civil Procedure, 1908 — Order XXIII Rule 3A — Memo not signed by both parties — Held further: Order XXIII Rule 3A of the Code of Civil Procedure, 1908 does not bar a suit where the memo is not signed by both parties. (¶33) Evidence — Decree obtained by fraud — Indian Evidence Act, 1872, s.44 — Held further: A decree obtained by fraud can be challenged at any time, even in collateral proceedings, fraud vitiating all solemn acts. (¶34) Second appeals allowed in part; suit remanded. (¶35)
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