N.S. Balaji v. Presiding Officer, Debt Recovery Tribunal

Citation2023 SCC OnLine SC 1266
Bench2-judge
Date of Decision3 October 2023
CategoryHUF Partition
Statutes Cited["Hindu Minority and Guardianship Act 1956 - Section 8","Recovery of Debts Act 1993","Mitakshara Hindu Law"]

Ratio Decidendi

Karta has right to sell, alienate, or mortgage HUF property even if minor has undivided interest. Consent of all coparceners not mandatory. Coparceners may challenge post-facto if not for legal necessity.

Headnotes

["Karta can alienate without consent of all coparceners","Minor interest does not bar Karta alienation","Section 8 Hindu Minority Act inapplicable when Karta alienates","Post-alienation challenge on ground of no legal necessity","Karta mortgage of HUF property for loans valid"]

Full text not available for this judgment.

Our Analysis

HUF Property Sale Without Consent: SC Expands Karta Powers by Varun Kapur · 8 April 2026