In the recent Judgment passed by the Supreme Court, The Court has dismissed the suit that was filed by a Son against his father in the year 1964. The Court has stated that no co-coparcener has the right to challenge the sale made by the head of the family or also known as the Karta of the family.
According to the Hindu laws, Father is considered as the Head of the family. He holds the power to make decisions related to the financial issues and can make sale and mortgage of the property even on behalf of the interest of his son, grandson for making payments of the debts incurred by the family.
The brief facts of the case are:
- The family of Pritam Singh( Karta) of the family had made a sale of his ancestral property to pay the debts that were due on the family.
- The Son (Co-Coparcener) filed a suit in the trial court against his father.
- At the first instance, the suit was decreed and dismissed at the Second appeal filed before the High Court of Punjab and Haryana, keeping in consideration the principles of the Hindu law.
- The property was sold with the intention of paying the debts and the facts of legal necessities were also proved.
The Supreme Court bench of Justice Abhay Manohar Sapre and Justice Sanjay Kishan Kaul gave the reference of Articles 241 and 254 of Mulla’s Hindu Law that deals with the concept of legal necessity and the rights of a father to alienate the ancestral property respectively.
On the basis of the Judgment passed by the High Court, The bench of the Apex Court observed that “It has come in evidence that firstly, the family owned two debts and secondly, the family also needed money to make improvement in agriculture land belonging to the family. The facts that Pritam Singh is the Karta of the family and holds the right to sell the suit land in order to make his family free from debts and maintenance of his family. These issues were also mentioned in the sale deed.”
Hence, the suit is dismissed and the court has clearly stated that no son has the right to challenge the sale made by the Karta of the family. Plaintiff being the son of the defendant had no right to challenge the sale when the issue of legal necessity was duly proved and the defendant was set free from all the suit.
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