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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 challenged his father's sale of ancestral family property to third parties, claiming the father (Karta) lacked authority without his consent. The Supreme Court upheld the sale, holding that a father has power under Hindu law to sell ancestral property when legal necessity exists—here, to discharge family debts and fund agricultural improvements. The court found the defendants proved legal necessity, and once established, a coparcener son cannot challenge such alienation. The appeal was dismissed, affirming the High Court's decision upholding the sale's validity.

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Hindu Law Family Law Property Law Ancestral Property Legal Necessity Coparcenary Alienation Civil Procedure

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