बिश्वनाथ प्रसाद राधेश्याम बनाम दुर्गा प्रसाद
| Citation | AIR 1974 SC 117 |
| Court | Supreme Court of India |
| Date | 8 August 1973 |
| Year | 1974 |
| Bench | A.N. Ray, D.G. Palekar, H.R. Khanna JJ. |
| Acts/Articles | Hindu Law, Transfer of Property Act |
| Category | Property & Land Law |
Key Principle Established
A sale by a Hindu father of joint family property is voidable at the instance of the sons only if it is not for legal necessity or benefit of the estate. The burden is on the sons to prove absence of legal necessity.
Sons challenged the alienation of joint family property by their father, claiming it was not for legal necessity or benefit of the estate.
The Court held that under Hindu law, the father as karta has the power to alienate joint family property for legal necessity or benefit of the estate. Such alienation is binding on the sons. The burden is on the sons to prove that the alienation was not for legal necessity. If the purchaser made reasonable inquiry about the necessity, the sale is protected.
This is the leading authority on alienation of joint Hindu family property by the karta and the doctrine of legal necessity.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.