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Supreme Court of India 2018-10-25 disposed

Harnek Singh (Dead) Thr. Lrs. & Ors vs Hukam Chand (Dead)

Bench: 2 — Kurian

In Brief

In this case, the Supreme Court addressed a suit for specific performance of land sale involving a deceased defendant. Coparceners had filed a separate suit to cancel earlier executed sale deeds, claiming the Karta was mentally unfit and that sales breached joint family duties. The Court held that while the mental fitness issue was conclusively established (the defendant was fit), the trial for cancellation must proceed on merits addressing only ancestral property status, coparcenary rights, family welfare benefit, and the Karta's competence. The Court directed expeditious trial of the cancellation suit, as its outcome would affect the specific performance suit's final determination.

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Hindu Law Joint Hindu Family Specific Performance Property Law Civil Procedure Ancestral Property

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