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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 the sale of ancestral property (Moti Building) sold by their brother Shankarlal (the Karta or family manager) in 1965 to Bansilal Shivlal without their knowledge or consent. After Bansilal's death, his heirs obtained a decree confirming their ownership. The sisters then sued to declare the sale null as to their share. The Supreme Court upheld the dismissal, holding that a Karta's sale of ancestral property for legal necessity and family benefit binds all members of the family. The suit was also found collusive—filed at the Karta's own instigation to avoid execution of the prior decree against him. All three lower courts' concurrent findings were binding."

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Hindu Law Family Law Ancestral Property Karta Authority Civil Procedure Res Judicata Limitation Concurrent Findings Collusive Suits

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