Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2007

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.

SUBHASH MAHADEVASA HABIB vs NEMASA AMBASA DHARMADAS (D) BY LRS. &ORS · Niyam