Clear Supreme Court Verdict: A Son Cannot Object if a Father Sells Property for Legitimate Family Needs
Supreme Court: The Supreme Court has recently delivered an important verdict stating that if a father sells ancestral property for a legally valid reason necessary for the family, his sons or other co-parceners cannot object to the sale. This case was originally filed in 1964, and by the time it reached the court, both the father and son had passed away. However, their legal heirs continued to pursue the matter.
A bench comprising Justices A.M. Sapre and S.K. Kaul ruled that under Section 254 of Hindu Law, the head of the family—known as the ‘Karta’—has the authority to sell family property to repay debts or fulfill family needs. In this particular case, Pritam Singh’s family was burdened with two debts, and funds were also required to improve their agricultural land. Hence, he sold a portion of the land registered in his name.
According to Section 254(2), if the reason for the sale is legally justified and the money is not used for immoral or unlawful purposes, the father is entitled to sell the property, even if it includes the share of his sons. Family needs like business operations, weddings, funerals, government dues, or court expenses are all considered “legal necessities.” Therefore, if the property is sold for such purposes, the sale is deemed valid.
In 1962, Pritam Singh sold 164 canals of land in Ludhiana for ₹19,500. His son, Kehar Singh, challenged the sale in court. The trial court initially ruled in the son’s favor. However, the appellate court reversed the decision, accepting that the sale was made to repay debts. The case eventually reached the High Court, which in 2006 upheld the appellate court’s decision.
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As per the Supreme Court’s clear guidelines, the sale of ancestral property can be considered valid for the following reasons:
- Repayment of ancestral debts 💳
- Payment of government taxes and dues 💰
- Family sustenance and children’s weddings 💒
- Funerals, religious rituals, and social ceremonies 🕯️
- Legal expenses related to ongoing property disputes 🧾
- Legal defense in serious criminal charges against the Karta 🛡️
All these factors aim at ensuring the family’s financial stability and social security. Therefore, selling property for such lawful necessities is valid and cannot be objected to.
Note: The information provided above is based on a court judgment. It is intended to educate the public on legal matters and should not be considered legal advice. For any individual case, always consult an official legal advisor.
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