Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Law: Mitakshara law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law: Mitakshara law – Functions of Karta – Validity of Relinquishment Deed – In the instant case, there were three branches of Joint Hindu Family – On 15 April 1961, the eldest members of the three branches executed a partition deed, dividing the Joint Hindu family properties – On 13 March 1969, the eldest sons of two branches executed a relinquishment deed in which they relinquished their branch’s share in favour of the head of the third branch named ‘P’ – On 18 November 1994, Plaintiff No.1-4, the younger sons of one of the branch filed suit seeking a declaration that the relinquishment deed was null and void – Trial Court dismissed the suit as barred by limitation and held that Defendant No.4 was entitled to execute relinquishment deed – First appellate court decreed the suit inter alia holding that Defendant No. 4 was not competent to execute the relinquishment deed, which being void, the suit was not barred by limitation – High Court held relinquishment deed was not void ab initio and suit to be barred by limitation – On appeal, held: Karta of a joint Hindu family can dispose of joint family property involving the undivided interest of the minor of the family – Therefore, contention that Plaintiff No.4 being minor on 13 March 1969, his eldest brother Defendant No.4, had no right to relinquish his shares is discarded – As Plaintiff No.1-4’s father died in 1967, Defendant No.4, as the eldest brother of the branch being the Karta, alone could have managed the property on behalf of the joint Hindu family branch of which he was the head – A Karta may alienate the joint family property for value, either for legal necessity or for the benefit of the estate, to bind the interests of all the undivided members of the family – The partition deed acknowledges that during the joint family status, “all properties” were mortgaged for Rs. 32,000/- – Admittedly, the repayments were made and the joint Hindu family properties were freed from mortgage shortly before the execution of the relinquishment deed– In index of lands, it was mentioned that ‘P’ got the property released and the rights were redeemed in his favour – The relinquishment deed was an acknowledgment of the rights and interest of branch of ‘P’ – From the evidence on record, it is apparent, ‘P’ had paid the larger share in the redemption of the mortgage and had managed the legal proceedings in the redemption suit – The repayment so made by ‘P’ served the interest for the entire family – Thus, the relinquishment was made on account of the repayment of the debt made by ‘P’ – There was a legal necessity to settle the account with ‘P’ who had made significant payments to redeem the properties that had fallen in the share of other branches – The relinquishment deed was for legal necessity and for the benefit of the estate belonging to his branch of the family – Hence, relinquishment deed cannot be declared as null and void – In respect of question of limitation, Art.109 of the Schedule of Limitation Act applies to a plaint for setting aside the father’s alienation of ancestral property governed by Mitakshara law which states that suit must be filed within 12 years when the alienee takes possession of the property – By applying Art.109, the suit would be barred by limitation as it was filed in 1994, nearly 24 years after the relinquishment deed was executed and nearly 21 years after Plaintiff No.3 attained majority in 1973. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2021 INSC 878 |
Petitioner | M.r. Vinoda |
Respondent | M.s. Susheelamma (d) By Lrs. And Others |
SCR | [2021] 12 S.C.R. 557 |
Judgement Date | 2021-12-13 |
Case Number | 2567 |
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