Supreme Court of India · 2007-03-19
SUBHASH MAHADEVASA HABIB vs NEMASA AMBASA DHARMADAS (D) BY LRS. &ORS
- Citation / case number
- SC 2003/1348
- Court
- Supreme Court of India
- Petitioner
- SUBHASH MAHADEVASA HABIB
- Respondent
- NEMASA AMBASA DHARMADAS (D) BY LRS. &ORS
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the appeals concerning the redemption of properties mortgaged by a member of a Hindu Mitakshara family. The Court held that the sale of the equity of redemption by defendant No. 2 to Habib was valid, despite claims from the family members that it was executed without their knowledge and was not binding on them. The Court emphasized that the manager of a joint family can act on behalf of the family in transactions, provided there is a necessity for the sale, thus upholding the decrees of the High Court.