10/10/2023
🖊️Can sell HUF property the consent of other joint family members?
👉Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”.
👨⚖️Sri Narayan Bal v. Sridhar Sutar, {1996 (8) SCC 54}🖊️ wherein, it has been held that the Karta has the right to sell/dispose of/alienate an HUF property, even if a minor of the family has undivided interest. The reason is that an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.
==> Therefore, The son(s) or other member(s) of the HUF be to the mortgage. alienation, a may the act of a Karta, the alienation is "legal necessity" "betterment of the estate".
{ : NS Balaji v. The Presiding Officer, Debts Recovery Tribunal and others | SLP(C) 21476- 21477/2023}