NANCHAND GANGARAM SHETJI vs MALLAPPA MAHALINGAPPA SADALGE

The Supreme Court held that it is the creditor's duty to ascertain whether the person making an acknowledgment still holds the representative capacity as karta of the joint Hindu family. The Court ruled that there is no obligation on family members to notify creditors about the disruption of the joint family, and any acknowledgment made by the karta after such disruption cannot prevent the creditor's claim from becoming time-barred against other family members. The appeal was dismissed, affirming that the acknowledgment of debt is ineffective post-disruption of the joint family status, overruling Kashiram Bhagshet Shete v. Bhaga Bhanshet Redij, AIR 1945 Bom. 511.