Buyer Protected: Supreme Court Validates Sale of HUF Property Made in Good Faith
This Supreme Court judgment reaffirms the extensive authority of a Hindu Undivided Family (HUF) Karta to alienate coparcenary property for legal necessity. The Supreme Court clarified that expenses from a daughter's marriage, even if incurred years prior, can create a financial necessity justifying a subsequent sale. The alienee discharges their burden by establishing a nexus to such necessity, and is not required to prove how the sale consideration was distributed amongst coparceners, as that lies within their special knowledge.
Facts Of The Case:
The case involved a dispute over a piece of ancestral land belonging to a Hindu Undivided Family (HUF), with the father as its Karta. The plaintiff, one of the sons, sued his father and brothers after the Karta sold the suit land to the appell...
