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.