Supreme Court of India
Baljinder Singh v. Rattan Singh
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What the Court ordered
In view of the aforesaid circumstances it would be proper for the High Court to re-hear the appeal relating to appli cability of Article 109 of the Limitation Act and to decide the matter taking note of the factual position.
Judgment, page 23
From the headnote
f Hindu Law: Alienation of undivided co-parcenary property - By way 1.- .- c of Gift, Sale and Will - Validity of- Held: Gift by a co-parcener .. of his undivided interest in the co-parcenary property is void - In the facts and circumstances, Will was correctly found by courts below surrounded by suspicious circumstances - Hence, alienation thereby not valid - Validity of sale needs to be decided on the basis of factual scenario - Hence matter remitted to High Court to decide its validity in the facts by con- sidering applicability of s. 109 of Limitation Act - High Court ~ by applying s. 65
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