SEC 100

SEC 100 CPC : Suit for partition and separate possession –Death of the male head of the family leaving behind his widow and four daughters – continuation of joint family- right of widowed mother to alienate family properties – application of sec 7 of limitation act, 1963 to the plaintiffs 3 & 4 who were minors at the time of institution of the suit – held, the sole male head of the hindu joint family having died, leaving behind his widow and four daughters, the family would continue to constitute a joint Hindu family. The widowed mother would not have to seek permission of a competent court to alienate the joint family property during the minority of her daughters. The alienation by the widowed mother of the minor daughters can be questioned in a suit for partition. Though her authority of alienate of the same, is present, the alienation can however be questioned on the ground of whether or not there was a legal a necessity. Though the suit was not barred by limitation, insofar as plaintiffs 3 & 4 are concerned, the minor daughters having attained najorityduring the pendency of the suit and having chosen to prosecute the suit in their own right, the question is rendered otiose. Sec 7 of the limitation Act 1963 was not a bar to the suit in respect of plaintiffs 3 & 4 who were minors at the time of institution of the suit when the suit was not brought by their major sisters in the capacity of managers of the joint family property. SEC 100 CPC : Suit for partition and separate possession –Death of the male head of the family leaving behind his widow and four daughters – continuation of joint family- right of widowed mother to alienate family properties – application of sec 7 of limitation act, 1963 to the plaintiffs 3 & 4 who were minors at the time of institution of the suit – held, the sole male head of the hindu joint family having died, leaving behind his widow and four daughters, the family would continue to constitute a joint Hindu family. The widowed mother would not have to seek permission of a competent court to alienate the joint family property during the minority of her daughters. The alienation by the widowed mother of the minor daughters can be questioned in a suit for partition. Though her authority of alienate of the same, is present, the alienation can however be questioned on the ground of whether or not there was a legal a necessity. Though the suit was not barred by limitation, insofar as plaintiffs 3 & 4 are concerned, the minor daughters having attained najorityduring the pendency of the suit and having chosen to prosecute the suit in their own right, the question is rendered otiose. Sec 7 of the limitation Act 1963 was not a bar to the suit in respect of plaintiffs 3 & 4 who were minors at the time of institution of the suit when the suit was not brought by their major sisters in the capacity of managers of the joint family property. Reported in ILR 2009 KAR 118

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