Supreme Court in its judgement dated 16th September 2025 has reaffirmed the power of the Karta to dispose of the HUF property in order to meet legal necessity in form of daughter’s marriage expenses.
The case, Dastagirsab v. Sharanappa @ Shivasharanappa Police Patil (2025 INSC 1120), arose from a dispute over farmland in Karnataka. In 1995, Sharanappa, acting as Karta, sold more than nine acres of land to Dastagirsab. One of the coparceners later contested the transaction, claiming the sale was unnecessary and driven by the Karta’s personal habits. The purchaser defended the deal, stating it was executed to discharge debts linked to the marriage of Sharanappa’s daughter, solemnised a few years earlier.
While the Karnataka High Court had invalidated the sale, the Supreme Court overturned that decision. The Bench held that marriage expenses qualify as “legal necessity” under Hindu law, and the financial strain of such events may continue even after the wedding itself.
The Court also clarified that a purchaser must show the presence of necessity, but is not obliged to prove how every family member received the sale consideration, since such details remain within the private domain of the coparceners.
By restoring the trial court’s ruling in favour of the purchaser, the judgment underscores both the discretionary powers of a Karta and the protection due to bona fide buyers in family property transactions.
Case Details:
- Dastagirsab vs Sharanappa @ Shivasharanappa Police Patil (D) by LRs. & Ors
- Civil Appeal No(s): 5340 of 2017
- Citation: 2025 INSC 1120
- Judgement Date: 16th September 2025
- Bench: J Sandeep Mehta and J Joymalya Bagchi
Click HERE for full Judgment
Written by: Shubh Tewari
Lawcutor 