Supreme Court of India · 1981-12-08
PRASAD & ORS. vs V. GOVINDASWAMI MUDALIAR & ORS.
- Citation / case number
- SC 1970/60326
- Court
- Supreme Court of India
- Petitioner
- PRASAD & ORS.
- Respondent
- V. GOVINDASWAMI MUDALIAR & ORS.
- Bench
- DESAI, D.A.
Judgment text excerpt
The Supreme Court examined the validity of a sale deed executed by the Karta of a Joint Hindu Family to discharge debts incurred from a new business venture. The Court held that the alienation of joint family property requires proof of legal necessity and adequate consideration, as per Hindu Law. The sale deed was found to be invalid due to lack of evidence supporting the debts as antecedent and necessary for the family, leading to the reversal of the lower court's decision.