Wednesday, 31 August 2017

Monday, 26 February 2018

The purposes for which Karta can alienate Joint Family Property

The Karta is the manager of joint Hindu family.He is the person who take cares day to day expenses of the family,looks after the family and protects the joint properties. Karta has power to alienation of joint family property. Karta can alienate joint family property for some purpose, which are discussed below.

According to modern law the joint family property may be alienated for the following purpose :
(a) Legal necessity (which includes all ofvapatkale and of kutumbarthe of vijnaneswara.
(b) Benefit of estate (which includes the remaining part of kutumbarthe).
(c) For indispensable duty (which include the whole of Dharamarthe).

Karta can alienate joint family property for following purpose 

1. Legal necessity - Karta has power to alienation of joint family property for the purpose of legal necessity .The expression ''legal necessity''is generally used to signify the cause for which,or the circumstances under which a single members of a joint family,or like person,having a limited interest in property is authorised to transfer it so as
to pass to the transferee a right to the entire property. In this matter karta can alienate even without the consent of other coperceners.

The following have been held to be legal necessity :
(a) payment of govt revenue.
(b) maintenance of coparceners or members of their family.
(c) marriage expenses of the coparcenar.
(d) cost of building a residential house.

The Supreme court in Sunil kumar vs Ram parkash has held that where the father,who is karta in joint Hindu family is goint to alienate certain joint Hindu family property for legal purpose no copercener can restrain him from doing so by filling a suit for injunctions.

karta-has-power-to-alienate-joint-family-property


2. Benefit of Estate - The karta has power to alienation of joint family property for the purpose of Benefit of Estate.The power can only be exercised rightly in a case of need or for the benefit of estate.

The following have been held to be legal necessity :
(a) An advantageous acquisition of some property made in the interest of the family.
(b) sale of land situated in an unhealthy place for the purpose of buying land in advantangeous locality.
(c) sale of property yielding no profit in order to purchase land yielding more profit.

It was held by the Allahbad High Court that where some land was purchased on cheap rates by selling away such property of joint Hindu family which was unyeilding and the transaction could give great profit to the family.The alienation would be deemed to valid.

3. Indispensable Duties - Indispensable duties of a Hindu are the performance of religious,pious and charitable act.In Gangi vs Tammi the privacy council said that a dedication of a small portion of family property for the purpose religious and charity may be validity made by the Karta.

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