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august 1966

Supreme Court of India · 1966-08-05

FAQIR CHAND vs HARNAM KAUR & ANR.

Citation / case number
SC 1963/158
Court
Supreme Court of India
Petitioner
FAQIR CHAND
Respondent
HARNAM KAUR & ANR.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that a son cannot restrain the execution of a mortgage decree obtained against his father unless he proves that the debt is not owed or was incurred for illegal purposes. The Court clarified that a father can mortgage joint family property for debts that are not for immoral purposes, and the mortgagee can execute the decree without needing a personal decree against the father. The appeal was dismissed as the son failed to establish any grounds for staying the sale of the property under the mortgage decree.

FAQIR CHAND vs HARNAM KAUR & ANR. · Niyam