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Civil Property & InheritanceSupreme Court of India

Angadi Chandranna v. Shankar

Civil Appeal · 2025 INSC 532Decided 22 Apr 2025
C.A. No.-005401-005401 - 2025 (arising out of SLP(C) No. 6799 of 2022)
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

After a family partition in 1986, one brother sold his allotted share of land to Defendant No. 1, who in turn sold it to the appellant (Defendant No. 2) in 1993. Defendant No. 1's children later sued for partition, claiming the land was really "ancestral" property bought using joint family funds and could not have been sold without their consent. The trial court dismissed the suit, the first appellate court reversed and ruled for the children, and the High Court, in a second appeal, restored the trial court's decree against the appellant-purchaser, prompting this appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that once ancestral property is validly partitioned, each sharer's portion becomes their own self-acquired property, which they are free to sell; the mere existence of sons and daughters does not automatically convert a father's self-acquired property into joint family property. The evidence showed Defendant No.1 bought the disputed land using a loan from a named lender (which he later repaid by selling other land), not from any proven joint family "nucleus" fund, and the plaintiffs failed to produce any real proof of such a fund. The Court also held that the High Court exceeded its limited jurisdiction under Section 100 of the Civil Procedure Code by re-appreciating evidence and manufacturing a "substantial question of law" where none existed, when the first appellate court's factual findings were plausible and not perverse. The sale to the appellant was upheld and the first appellate court's judgment in his favour was restored.

Lesson Learnt

A High Court cannot re-examine settled facts in a second appeal merely because it disagrees with the first appellate court's view. It can only intervene where there is a genuine, substantial question of law; and property inherited through a lawful partition becomes the recipient's own to sell, unless clear proof shows it was bought entirely with joint family money.

Angadi Chandranna v. Shankar – Legal Case Shots | LegalAware