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october 1953

Supreme Court of India · 1953-10-05

SIDHESHWAR MUKHERJEE vs BHUBNESHWAR PRASAD NARAINSINGH AND OTHERS.

Citation / case number
SC 1951/20
Court
Supreme Court of India
Petitioner
SIDHESHWAR MUKHERJEE
Respondent
BHUBNESHWAR PRASAD NARAINSINGH AND OTHERS.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court ruled that a decree obtained against a member of a joint Hindu family for a non-immoral debt allows the creditor to attach and sell the debtor's interest in the joint family property, with the sons' interests also passing to the purchaser. The Court clarified that it is not necessary for the sons to be parties in the suit or execution proceedings. Furthermore, a purchaser cannot sue other coparceners for income recovery but must seek partition for possession, establishing the principle that the father can represent his sons in such proceedings regardless of being the karta.

SIDHESHWAR MUKHERJEE vs BHUBNESHWAR PRASAD NARAINSINGH AND OTHERS. · Niyam