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Sri Narayan Bal And Others vs Sri Sridhar Sutar And Others on 29 January, 1996

In view of the ratio laid down by the Apex Court (supra) and when it is very much clear that the respondent in/question is a Joint Hindu family property, it may not be necessary for the 1st defendant to seek prior permission of the Court before alienating the suit property. In that view of the matter, the reasoning assigned by the Trial Court in para- 35 of the Judgment that the1st defendant has not obtained any permission from the competent authority to execute the sale deed and sold the properties of the minor plaintiffs, appears to be without reference to Sections 6 and 12 of the Act. Moreover, in the case, on hand, the suit property Item No.1 is not exclusively available to the plaintiffs since they are minor children. For the welfare of the minor children, the 1st defendant has sold the suit property in favour of the 2nd defendant. In the circumstances, the appeal is allowed. The impugned Judgment and decree passed by the Trial Court is set-aside. "
Supreme Court of India Cites 3 - Cited by 86 - M M Punchhi - Full Document

Suraj Lamp & Industries (P) Ld.Tr.Dir vs State Of Haryana & Anr on 11 October, 2011

The written statement of defendant No.5 is signed by Special Power of Attorney. This P.W.1 in the oral evidence has indeed stated about the partition whereby has claimed only to the extent as per suit property. The remaining extent according to him belonged to other branches of the family. The defendant No.1, defendant No.2 as Karta, have executed the G.P.A. and thereby the sale transaction have taken place. The right of the minor in the Joint 61 O.S.No.8580/2006 Family property is only of undivided interest. At this stage it is necessary to refer the citations reported in 2012(1) SCC page 656 {Suraj Lamp and Industries Private Limited (2) Through Director vs. State of Haryana and Another} wherein it has been held as under:
Supreme Court of India Cites 25 - Cited by 1760 - R V Raveendran - Full Document
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