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.