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Supreme Court of India 2019-04-25 dismissed

Hirabai (D) Thr. L.Rs. & Ors vs Ramniwas Bansilal Lakhotiya (D) by L.Rs. & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Two sisters challenged a prior court decree confirming their brother's sale of ancestral family property (Moti Building in Jalna) to a purchaser, claiming they held equal shares and the sale was invalid. The Supreme Court upheld dismissal of their suit, finding it collusive—filed at their brother's behest to avoid execution of the valid decree against him. The Court held that when the Karta (family head) sells ancestral property for legal necessity and family benefit, the sale binds all family members, including co-heirs not parties to the transaction. Concurrent findings of three lower courts were affirmed as binding.

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Civil Procedure Property Law Joint Hindu Family Limitation Decree and Judgment Collusive Suit

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