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Supreme Court of India 2019-04-25 dismissed

HIRABAI (D) THR. LRS vs RAMNIWAS BANSILAL LAKHOTIYA(D)BYLRS.&ORS

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

A widow and heirs of two sisters challenged a property sale made by their brother (the Karta) and sought to declare it invalid as against their interest in ancestral property. The Supreme Court upheld the dismissal of their suit, finding it was collusive—filed at the brother's instigation to avoid enforcement of a judgment against him. The Court held that sales made by a Hindu joint family's Karta for legal necessity and family benefit bind all members. Since the original decree establishing title in the purchasers was valid and the current suit appeared designed solely to circumvent it, dismissal was warranted."

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Civil Procedure Property Law Family Law Succession Collusive Suit Decree and Execution

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