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september 1978

Supreme Court of India · 1978-09-27

VYANKATES DHONDDEO DESHPANDE vs SOU. KUSUM DATTATRAYA KULKARNI & ORS.

Citation / case number
SC 1974/60244
Court
Supreme Court of India
Petitioner
VYANKATES DHONDDEO DESHPANDE
Respondent
SOU. KUSUM DATTATRAYA KULKARNI & ORS.
Bench
DESAI, D.A.

Judgment text excerpt

The Supreme Court held that the suit land was joint family property and liable for the father's Tagai loan, which was deemed a joint family debt. The Court clarified that the Karta's capacity in borrowing does not require explicit designation as Karta, as long as the loan was for the benefit of the joint family. The Court emphasized that sons have a pious obligation to pay their father's debts unless incurred for illegal purposes, thus allowing the appeal and reversing the lower court's decision.

VYANKATES DHONDDEO DESHPANDE vs SOU. KUSUM DATTATRAYA KULKARNI & ORS. · Niyam