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    <title>1948 (9) TMI 15 - BOMBAY HIGH COURT</title>
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    <description>After severance of status in a joint Hindu family, the father&#039;s representative capacity ends, so a decree obtained against him alone cannot be executed against the sons&#039; separated shares unless the sons are impleaded and properly represented in execution. The court held that although joint family property may remain liable for the father&#039;s antecedent debts, the sale here could bind only the father&#039;s interest because the sons were not made parties after partition. It also held that lis pendens did not apply to a money execution proceeding, and Section 64 CPC did not validate sale of unrepresented shares.</description>
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    <pubDate>Tue, 21 Sep 1948 00:00:00 +0530</pubDate>
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      <title>1948 (9) TMI 15 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276726</link>
      <description>After severance of status in a joint Hindu family, the father&#039;s representative capacity ends, so a decree obtained against him alone cannot be executed against the sons&#039; separated shares unless the sons are impleaded and properly represented in execution. The court held that although joint family property may remain liable for the father&#039;s antecedent debts, the sale here could bind only the father&#039;s interest because the sons were not made parties after partition. It also held that lis pendens did not apply to a money execution proceeding, and Section 64 CPC did not validate sale of unrepresented shares.</description>
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      <pubDate>Tue, 21 Sep 1948 00:00:00 +0530</pubDate>
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