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.