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may 1985

Supreme Court of India · 1985-05-10

BRAHMVART SANATHAN DHARAM MAHAMANDAL, KANPUR & ORS. vs PREM KUMAR & ORS.

Citation / case number
SC 1971/60320
Court
Supreme Court of India
Petitioner
BRAHMVART SANATHAN DHARAM MAHAMANDAL, KANPUR & ORS.
Respondent
PREM KUMAR & ORS.
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court addressed the rights of limited owners under Hindu Law to alienate joint estate property, specifically examining the applicability of Sections 43 and 51 of the Transfer of Property Act. The Court held that alienations made by limited owners without the consent of co-owners are void ab initio unless justified by legal necessity. The Court affirmed the lower court's finding that certain sale deeds were valid due to legal necessity while others were invalid due to lack of consent, thus impacting the title passed to subsequent transferees.

BRAHMVART SANATHAN DHARAM MAHAMANDAL, KANPUR & ORS. vs PREM KUMAR & ORS. · Niyam