Karta of Joint Hindu Family executed agreement to sell on account of legal necessity - Coparcener cannot challenge decision of Karta to deal with - Need for funds duly reflected in agreement to sell Therefore, Karta alongwith co-parceners bound to execute sale deed in favour of vendee.

Citation 

AIR 2022 SUPREME COURT 65

AIR online 2021 SC 1183

SUPREME COURT

: AIROnline 2021 SC 1183 (From : Karnataka) M. R. SHAH, J. and SANJIV KHANNA, J.

Civil Appeal No. 7037 of 2021 (Arising out of Special Leave Petition (Civil) No. 13853 of 2021), D/-13-12- 2021

Beereddy Dasaratharami Reddy v. V. Manjunath

(A)Specific Relief Act (47 of 1963), S.20 - Agreement to sell - Suit for specific performance - Karta of Joint Hindu Family executed agreement to sell on account of legal necessity - Coparcener having right to claim share in joint Hindu family estate cannot challenge decision of Karta to deal with or entering into transaction for sale of joint Hindu family property Karta enjoys wide discretion in his decision over existence of legal necessity - Therefore, signatures of son of Karta on agreement to sell, not required - Karta received Rs. 4 lakhs as advance from vendee - Need for funds duly reflected in agreement to sell Therefore, Karta alongwith co-parceners bound to execute sale deed in favour of vendee.

AIROnline 2014 SC 197, Distinguished.

AIR 1996 SC 2371, Relied on.