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Supreme Court of India 2022-04-19 dismissed

K.C. Laxmana vs K.C. Chandrappa Gowda & Anr

Bench: 2 — S. Abdul Nazeer

In Brief

A father transferred joint family property to an outsider via a gift deed without the consent of his son (the plaintiff), claiming it was made out of love and affection. The plaintiff sued to void the transfer. The High Court upheld the lower court's finding that the deed was void. The Supreme Court affirmed, holding that under Hindu Mitakshara law, a manager can gift ancestral joint family property to a non-member only for charitable or religious (pious) purposes. A gift made merely out of affection lacks such purpose and is therefore void. The suit was timely under the 12-year limitation period prescribed by Article 109 of the Limitation Act.

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Hindu Law Family Property Limitation Gift Deed Joint Family

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