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Supreme Court of India 2018-08-20 dismissed

Kehar Singh (D) Thr. L.Rs. & Ors vs Nachittar Kaur & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A son filed suit to challenge his father's sale of ancestral property to third parties, claiming the sale was invalid because he had not consented and there was no legal necessity. The High Court upheld the sale. The Supreme Court affirmed, holding that under Hindu law, a father as head of a joint family (Karta) may sell ancestral property if legal necessity exists. Evidence showed the family had debts and needed agricultural improvements. The defendants proved legal necessity, and the son failed to disprove it. Therefore, the son had no right to challenge the sale. Appeal dismissed.">

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Hindu Law Family Law Property Law Ancestral Property Coparcenary Rights Legal Necessity

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