It is well settled that under Hindu Law the father has special powers of alienation of joint family property including the son's share either for legal necessity or for the benefit of the estate. He can also sell joint family property including the son's share for the discharge of antecedent debts, which are not Avyavaharika i.e., which are not tainted by illegality or immorality. Sub-section (3) of Section 8 of the Hindu Minority & Guardianship Act further provides that any disposal of the immovable property by the natural guardian in contravention of sub-section (1) or sub-section (2) is voidable at the instance of the minor or any person claiming under him. It must be remembered that the Section applies only to minor's separate property, but it does not apply to his interest in joint family property. -2015 A.P.(1998) MSK LAW REPORTS

It is well settled that under Hindu Law the father has special powers of alienation of joint family property including the son's share either for legal necessity or for the benefit of the estate. He can also sell joint family property including the son's share for the discharge of antecedent debts, which are not Avyavaharika i.e., which are not tainted by illegality or immorality. 
Sub-section (3) of Section 8 of the Hindu Minority & Guardianship Act further provides that any disposal of the immovable property by the natural guardian in contravention of sub-section (1) or sub-section (2) is voidable at the instance of the minor or any person claiming under him. It must be remembered that the Section applies only to minor's separate property, but it does not apply to his interest in joint family property. -2015 A.P.(1998) MSK LAW REPORTS

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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