FAQIR CHAND versus HARNAM KAUR & ANR.

FAQIR CHAND versus HARNAM KAUR & ANR.

Where a father mortgages joint family property for payment of his debt, sons cannot restrain execution or sale in proceedings unless they show the debt is either non-existent or incurred for illegal or immoral purpose; mortgage in its entirety binds property, including son's interest, when loan is for discharge of antecedent debts and family business/legal necessity.

Parties
Appellant: Faqir Chand; Respondent No. 1: Harnam Kaur; Respondent No. 2: Murari Lal
Jurisdiction
India
Judgment Date
05 August 1966
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab High Court Judgment and Decree
Outcome
appeal dismissed with costs
Legal Topics
Joint Family Property, Mortgages, Legal Necessity, Pious Obligation, Antecedent Debt
Hindu Law Joint Family Property Mortgages Legal Necessity Pious Obligation Antecedent Debt

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Parties

Faqir Chand

Appellant

Harnam Kaur

Respondent No. 1

Murari Lal

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab High Court Judgment and Decree

Legal Issues

  1. 1 When can a son restrain execution or sale of joint family property mortgaged by father for his debt?
  2. 2 Does the mortgage bind the son's interest if not for legal necessity or antecedent debt?
  3. 3 Right to impeach mortgage after decree against father

Ratio Decidendi

Where a father mortgages joint family property for payment of his debt, sons cannot restrain execution or sale in proceedings unless they show the debt is either non-existent or incurred for illegal or immoral purpose; mortgage in its entirety binds property, including son's interest, when loan is for discharge of antecedent debts and family business/legal necessity.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Interim stay order for sale of property found improperly granted