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march 1990

Supreme Court of India · 1990-03-21

MANIBHAI vs HEMRAJ

Citation / case number
SC 1980/63229
Court
Supreme Court of India
Petitioner
MANIBHAI
Respondent
HEMRAJ
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that alienation of joint family property by a father to satisfy personal debts is binding on sons if the debts are antecedent and not tainted with immorality or illegality. The Court emphasized that each transaction must be examined independently, and the doctrine of pious obligation applies only to debts that are Vyavaharik. The Court reversed the High Court's decision, reinstating the Trial Court's ruling that the alienation was valid as it was for the satisfaction of antecedent debts.

MANIBHAI vs HEMRAJ · Niyam