Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Joint family property Sale by father and minor son Hindu Law Whether binding on minor son |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law—Joint family property—Sale by father and minor son—Whether binding on minor son— Legal necessity fur part of sale consideration—If alienation justified— Interpretion of sale deed —If transfers cultivatory rights in Sir also—C. P, Penancy Act, 1920 (C. P. 1 of 1920), s. 49 (1).R and his father executed a sale for Rs. 50,000/- transferring 16 annas interest in two villages belonging to the joint family “together with sir and khudkashat lands........ as well as the cultivated and the uncultivated lands in the village with all the rights and privileges”, Subsequently R filed a suit to set aside the sale on the grounds that actually he was a minor when he executed the sale deed and that the legal necessity was only for Rs. 45,000/-. He further contended that the cultivatory rights in the sir lands were not transferred and claimed possession over them. Held, that the alienation was for legal necessity and was valid and binding. The alience was only required to establish legal necessity for the transaction and it was not necessary for him to show that every bit of the consideration was applied for meeting family necessity. The transaction being for legal necessity the father was competent to execute the sale deed binding on the entire family and the joining of R, even though he was a minor, did not affect its validity or binding character.estab'ishHeld, further, that cultivating rights in the sir lands had also been expressly transferred to the vendees by the sale deed. The provisions of s. 49 (1) of the C. P. Tenancy Act, 1920, that there must be an express agreement between the transferor and the transferee concerning the transfer of the cultivating rights in sir land are satisfied where the sale deed not only transferred sir and Khudkashat lands, cultivated and uncultivated lands but transferred these properties along with “all rights and privileges”, since they would include cultivating rights in sir land. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 133 |
Petitioner | Radhakrishnadas |
Respondent | Kaluram |
SCR | [1963] 1 S.C.R. 648 |
Judgement Date | 1962-04-10 |
Case Number | 49 |
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