Select Location
Property Law

54-Year-Old Suit on the Ancestral Property Dispute Dismissed by SC

The suit filed by a Son against his Father in the year 1964 regarding an ancestral property sale was outlived by both the father and son when it reached the Supreme Court, while their legal representatives kept the suit alive, against the 2006 order of Punjab & Haryana High Court. The Judgement dismissed the suit stating the rights of the Karta of the family.
4,060

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:

  1. 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. 
  2. The Son (Co-Coparcener) filed a suit in the trial court against his father. 
  3. 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.
  4. 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.

 

Looking for the best legal advice in India to guide you in your property matters?

Then why waste your time looking for the best, when MyAdvo provides you with a comprehensive list of the top legal advisor in IndiaJust gain your access to MyAdvo and get connected with more than 10,000 lawyers across 60+ cities in India within minutes. MyAdvo has acquired some of the most proficient lawyers in the country to enable you with a simplified legal process and procedure in India. Refining your lawyer search, MyAdvo team has helped countless individuals and many corporates and is all set to assist you.  

Don't wait around any more and download the MyAdvo App today to stay updated with the latest legal news in the country.

Curious to know about the Indian law and procedures?

Bookmark our legal blogs and stay informed always!

Reviewed by:
Jyoti Yadav
Published on 24-Aug-18
4,060 views

Book a Legal Service

Book a Govt. Service

Legal Heir Certificate

4.7
3 reviews