CHERUVU NAGESWARASWAMI vs RAJAH VADREVU VISWASUNDARA RAOAND OTHERS

The Supreme Court ruled that under Section 28A of the Provincial Insolvency Act, 1920, as amended in 1948, a Hindu father's power to alienate his sons' interests in joint family property for antecedent debts passes to the Receiver upon his insolvency. The Court held that if a father mortgages joint family property for lawful debts and subsequently becomes insolvent, the sons' interests also vest in the purchaser upon sale by the Receiver, even if the sale occurred before the amendment. The sons are thus barred from redeeming the property.