Father of petitioner as Karta of the HUF, was entitled to mortgage the HUF property-Son(s) or other member(s) of HUF need not be consenting parties to the mortgage- Karta has the right to sell/dispose of/alienate an HUF property, even if a minor has undivided interest,

Citation 

2024 SAR (Civ) 94

2023 SAR Online (SC) 1165

Supreme Court

Hon'ble Mr. Justice Sanjiv Khanna & Mr. S.V.N. Bhatti, J.J.

N.S. Balaji.                             ...Petitioner

Versus

The Presiding Officer Debt Recovery Tribunal & Ors.               ...Respondents

Petition(s) for Special Leave to Appeal (C) Nos. 21476-21477/2023; [Arising out of impugned final judgment and order dated 31-07-2023 in WPMD No. 9367/2016 30-08-2023 in REV.APLW (MD) No. 158/2023 passed by the High Court of Judicature at Madras at Madurai]; Decided on 3rd October, 2023.

R-Hindu Laws-Karta-Power and Liabilities-Explained. Hindu Laws-Hindu Minority and Guardianship Act, 1956, Sec. 8 Mortgage of Joint family property/Hindu Undivided Family (HUF) property by Karta Scope and Effect of-Petitioner claims that Petitioner's father mortgaged Joint family property of Hindu undivided Family, also stating that his father was the Karta of the HUF-Position on the rights of a Karta vis-à-vis an HUF property is well settled, whereby, Karta has the right to sell/dispose of/alienate an HUF property, even if a minor has undivided interest, since an HUF is capable of acting through its Karta or an adult member of family in management of the HUF property-Thus, held, father of petitioner as Karta of the HUF, was entitled to mortgage the HUF property-Son(s) or other member(s) of HUF need not be consenting parties to the mortgage-However, post alienation, coparcener may challenge the act of Karta, if the alienation is not for legal necessity or for betterment of the estate. (Paras 1, 2, 3, 4)

Case Referred: 1996 SAR (Civ) 351.