TaxTMI 
TaxTMI 
1977 (11) TMI 130
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....dated 13-9-1956 in suit No. 1607 of 1938. are defendants 12 and 13 in the suit. The suit was filed by Beharilal and his mother Ginni praying amongst other reliefs for a declaration that the respondent is entitled to 1/8th share in the assets and properties belonging to the joint family, for setting aside all conveyances and transfers and for a declaration that Plaintiff is entitled to separate properties and funds of Laloolal Murarka, the father of the plaintiff and husband of second plaintiff. After written statements were filed, the plaint was amended on 6-7-1939 whereby an alternative claim for 1/8th share of the Company's property was made if it was held that there was no joint family but only a company. One Ram Niranjands Muraraka died on 29th October 1930 leaving his widow Janki Devi, the 10th defendant and 8 sons- Hiralal Murarka defendant No. 1. Nandlal Murarka since deceased, Radhelal Murarka defendant No. 3, Misri Lal Murarka defendant No. 5, Chinni Lal Murarka defendant No. 7, Chotelal Murarka defendant No. 8, Kisedlal Murarka defendant No. 9, and vast movable and immovable, properties and several business assets situate within and outside the jurisdiction of the Calcut....
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....p before us after 10 years since the passing of the decree by the appellate court in Calcutta. The trial went on for 63 days. The main contention that was raised in the appellate court by Defendant 12 and Defendant 13, the present appellants, was that the immovable properties which stood in the name of Ramniranjandas were his self-acquired properties and they were brought into the assets of company of his 8 sons having defined shares in the said properties. The properties were conveyed to the appellant's company. The appellate court field that the family of Ramniranjandas Murarka consisted of himself and his sons and was a joint Hindu family governed by Mitakashara law until the death of Ramniranjandas and thereafter the families of his sons and their sons and grandsons continued to be a joint Hindu family until the institution of the suit. They also rejected the plea that even if the family was joint the transfers of the impugned property were for better management of the immovable properties and as such for legal necessity and would thus bind the members of the joint family. It further held that there is no evidence that immovable properties were brought into the joint stock o....
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....es that at the date of the document there was no joint family and that in any event the document itself effected a separation, it is necessary to refer to the relevant recitals in the document. The document prefaces :- "This indenture of conveyance dated 9th December, 1932 between Hiralal Murarka eldest son of Ramniranjandas Murarka for himself and as the father and natural guardian of his infant son Kunj Lal Murarka and as the Karta of the joint family consisting of himself and his son......... The same description is adopted in the cases of all sons, for instance in the case of second son the recital is Nandlal Murarka son of the said Ramniranjandas Murarka deceased for self and as the father and natural guardian of his infant sons Shankerlal Murarka and Purshottamlal Murarka and as the Karta of joint family consisting of himself and his sons. It will be seen that all the 8 sons have described themselves each one stating that he is acting on behalf of himself and his sons. The recitals show that there were 8 different joint families consisting of each of the sons with his sons etc. The plea of the learned counsel that a reading of the document would show that the brothers themse....
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....amily settlement. Even if the joint family of Ramniranjandas Murarka was in existence before 9-12-1932 by this transaction had the effect of bringing about a separation in status and the members entered into the transactions as co-tenants. We are satisfied was a joint family in existence before the date of the document, the recitals in the documents would have the effect of disrupting the joint family. Mr. Lal Narain Sinha submitted that even if it is held that there was a joint family is existence on the date of the impugned documents, the transactions are for the benefit of the family and as such binding on all the members. The facts disclose that the transactions were entered into not only by all the eight sons but also by all the adult coparceners of the eight branches. It cannot be denied that the transections were the result of joint deliberations and unanimous decision of all the adult members. The evidence of the Solicitor who prepared the documents is that it was for necessity and with the object of preserving the property, the entire properties of the family were transferred to the company consisting of eight sons and their families alone. Eight branches secured equal nu....
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....rs after due deliberations by all the adult members. In Bal Mukand v. Kamla Vati and Others([1964] (6) S. C. R. 321.), the Court held that any transaction to be regarded as one which is of benefit to the family need not necessarily be only of a defensive character but what transactions would be for the benefit of the family would depend on the facts and circumstances of each case. The Court must be satisfied on the material before it, that it was in fact such as conferred or was necessarily expected to confer benefit on the family at the time it was entered into. The property in question in the case referred to consisted of a fractional share belonging to the family in a large plot of land. Earnest money was paid to Karta, but the Karta did not execute the sale deed. The appellant instituted a suit for specific performance. The, other members who were brothers of the Karta and who were adults at the time of the contract were also impleaded in the suit as defendants. The suit was resisted on the ground that there was no legal necessity and that the contract for sale was not for the benefit of the family. On the facts, the Court held that to sell such property and that too on advanta....
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.... the case of the appellants that the separation took place before the date of these documents. The learned counsel for the respondent relied on two affidavits filed by the members of the family to the effect that the joint family continued. In Ex. 1 dated 9th December, 1936 Mohanlal Murarka stated in a petition for bringing on record the legal representatives for executing a decree obtained by Ramniranjandas Murarka that Ramniranjandas Murarka (the deponent's grandfather) during his life'-time and at the time of his death along with the applicants named in the petition constituted a Hindu joint family governed by the Mitakshara School of Hindu Law. This affidavit though filed before the institution of the suit cannot be taken as proving the existence of the joint family after the death of Ramniranjandas Murarka. All that it states is that Ramniranjandas Murarka during his life-time and at the time of his death along with the applicants was member of joint family. The affidavit does not throw any light as to whether the joint status continued after Ramniranjandas died. In Ex. UU a verified petition filed for bringing on record legal representatives of Ramniranjandas Murarka for exec....