Property and Sale of HUF Property : Legal Principles

Property and Sale of HUF Property : Legal Principles

In case of Dastagirsab v. Sharanappa [2025] GCtR 1524 (SC), dealing with an HUF property and sale for expenses of marriage, it was held that "Karta enjoys wide discretion with regard to existence of legal necessity and in what way such necessity can be fulfilled."

It was also held that "onus of proof on the stranger-purchaser cannot run counter to the principle of reverse burden enshrined in Section 106 of the Indian Evidence Act, 1872 and saddle him with the liability to prove facts which are within the special knowledge of the coparceners of the HUF."