Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu law-Debts-Father's power to alienate sons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession Act, 1956 (30 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu law-Debts-Father's power to alienate sons' interest for antecedent debts-Whether 'property' and passes to Receiver on insolvency of father-Sale by Receiver, whether vests sons' interest in purchaser-Provincial Insolvency Act, 1920, as amended in 1948, s. 28A--Retrospective operation-Madras Agriculturists' Relief Act, 1938, ss. 7, 8-Purchaser of equity of redemption-Right to claim relief.Under the provisions of s. 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been expressly made retrospective, when a Hindu father governed by the Mitakshara law is adjudged a bankrupt, his power to alienate the interest of his sons in the joint family properties for the satisfaction of his antecedent debts not contracted for illegal or immoral purposes, passes to the Receiver as his "property" within the meaning of the Act. Consequently, where a Hindu father who has mortgaged the joint family property for an antecedent debt which is not illegal or immoral becomes insolvent and the receiver sells the property, the interest of his sons in the property also vests in the purchaser, even in the case of a sale held before the Amendment Act of 1948 came into force, and the sons cannot redeem the property.Sat Narain v. Sri Kishen (63 I.A. 384), Rama sastrulu v. Balakrishna Rao (I. L. R. 1943 Mad. 83) and Viswanath v. Official Receiver (I.L.R. 16 Pat. 60) referred to. Though the liability of a person who has purchased an equity of redemption after 22nd March, 1938, to pay the mortgage debt arises only on the date of his purchase, if the debt itself existed on the 22nd March, 1938, and if it was payable by an agriculturist on that date, the purchaser can claim the benefits conferred by s. 7 of the Madras Agricultural Relief Act, 1938, if he himself was an agriculturist on the date of his application. |
Judge | Honble Mr. Justice Bijan Kumar Mukherjea |
Neutral Citation | 1953 INSC 47 |
Petitioner | Cheruvu Nageswaraswami |
Respondent | Rajah Vadrevu Viswasundara Rao And Others |
SCR | [1953] 1 S.C.R. 894 |
Judgement Date | 1953-05-18 |
Case Number | 76 |
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