Q. What are the equivalent citations for A Kasturi Ranga Aiyar vs Venkatarama Aiyar ?

The equivalence citation are1914 MWN 354 ; 24 IND. CAS. 280 ; AIR 1914 MAD 668 2 ; LQ/MadHC/1914/119 ;

A Kasturi Ranga Aiyar Vs. Venkatarama Aiyar On 10 March, 1914

Q: Q. What was the bench assigned for the case A Kasturi Ranga Aiyar vs Venkatarama Aiyar?

HONBLE MR. JUSTICE WALLIS , HONBLE MR. JUSTICE AYLING

Open iDraf

A Kasturi Ranga Aiyar v. Venkatarama Aiyar

A Kasturi Ranga Aiyar
v.
Venkatarama Aiyar

(High Court Of Judicature At Madras)

No. | 10-03-1914

[1] The High Court decree was against the assets of the deceased in the hands of his son who had been brought on as his legal representative. The term assets , if not co-extensive with, is at least included in the term property and the new Section 53 says that property in the hands of a son or other descendant which is liable under Hindu Law for the payment of the debt of a deceased ancestor in respect of which a decree has been passed, shall be deemed to have come to the hands of the son or other descendant as his legal representative. Unless the debt was incurred for immoral or illegal purposes, the ancestral property of the father which passed by survivorship to the son was by this section to be deemed to be the property of the deceased father which had come to the hands of the son as his legal representative, that is to say, as soon as it got into the son s hands after the father s death it became the father s property for the purposes of Sections 50 and

52. The fact that the son died subsequently and that execution is now sought against his heir and legal representative does not, in our opinion, in any way, affect the operation of Section 53 or make the property in question any less the father s property for the purposes of Sections 50 and

52. We agree with the learned Judge and dismiss the appeal with costs.

Advocates List

For the Appearing Parties ----

Bench List

HON'BLE MR. JUSTICE WALLIS

HON'BLE MR. JUSTICE AYLING

Eq Citation

1914 MWN 354

24 IND. CAS. 280

AIR 1914 MAD 668 2

LQ/MadHC/1914/119

HeadNote

Debt, Torts & Specified Offences — Hindu Succession Act, 1956 — Ss. 50, 52 and 53 — Decree against assets of deceased in hands of his legal representative — Execution of decree against legal representative of legal representative — Validity of — Whether ancestral property of father which passed by survivorship to son, deemed to be property of deceased father which had come to hands of son as his legal representative — Held, unless debt was incurred for immoral or illegal purposes, ancestral property of father which passed by survivorship to son was by S. 53, deemed to be property of deceased father which had come to hands of son as his legal representative, that is to say, as soon as it got into son's hands after father's death it became father's property for purposes of Ss. 50 and 52 — Fact that son died subsequently and that execution is now sought against his heir and legal representative does not, in any way, affect operation of S. 53 or make property in question any less father's property for purposes of Ss. 50 and 52 — Execution of decree against legal representative of legal representative of deceased — Validity of